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12 Data Protection No. 3 (a) the data subject has provided consent to the processing of the data for a specific purpose; (b) the processing of the data is necessary to protect the interest of the data subject; (c) the processing of the data is necessary for the purpose of exercising or performing a right or obligation of the data controller, data processor or data subject under a written law or a court order; (d) the processing of the data is in the interest of public health; (e) the processing of the data is for public interest; (f) the processing of the data is necessary for the establishment, exercise or defence of a legal claim, obtaining legal advice or conduct of a legal proceeding; (g) the processing of the data is necessary for the purpose of archiving the data for public interest or for research or statistical purposes; (h) the data subject has intentionally made the data public; or (i) the data controller or data processor is a foundation, association or any other not-for-profit body with a charitable, educational, literary, artistic, philosophical, religious or trade union aim and the data processing is carried out in the course of implementing a legitimate activity of the data controller or data processor to its members or former members or to a natural person who is in regular contact with the data controller or data processor, in connection with its purposes. (2) where sensitive personal data is processed in accordance with subsection (1), the data controller or data processor shall put in place appropriate measures to safeguard the fundamental rights and interests of the data subject. (3) the Minister may, in addition to the categories of personal data specified as sensitive data under section 2, on the recommendation of the authority and by order published in the Gazette, prescribe additional categories of personal data to be classified as sensitive data. Processing 17.__(1) where a data subject is a child or any other natural personal data of person lacking the legal capacity to exercise the rights of the data children and subject prescribed under this act, a parent or legal guardian, as the other legally incapacitated case may be, of the data subject shall exercise the rights of the data persons subject on behalf of the data subject. (2) where the legal basis for processing personal data is consent, pursuant to section 8(2)(a), a data controller or data processor who

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The Data Protection Act 2024.

Law

Status of Law: Final/Active/Current

Country

Malawi

Country Location

Latitude: -13.235028216585723

Longitude: 33.91714876714785

Country Location (Lié Law): Malawi

Keywords

Privacy
Privacy, Data Protection and Retention

Adoption Date: 2 févr. 2024

Type of Law: Legislation

Research Category: II Fundamental Rights and Freedoms

Institution that Established this Law: Malawian Parlimanet

Institution Established by this Law: Data Protection Authority

Is this the Official Copy?: Yes

Source Name and URL: MALAWI.GOV

Notes: The Act is organized into ten distinct parts. It begins with preliminary matters, setting the stage by defining key terms such as "data controller," "data processor," "personal data," and "sensitive personal data." These definitions are crucial as they delineate the scope and applicability of the Act, ensuring that all stakeholders have a clear understanding of their responsibilities and the data subjects' rights.

The administration of the Act is designated to the Malawi Communications Regulatory Authority, identified as the Data Protection Authority. This body is endowed with broad functions and powers, from developing data protection guidelines to promoting public awareness and ensuring compliance through the ability to issue compliance orders.

One of the core elements of the Act is the set of principles governing data processing. These principles emphasize lawful, fair, and transparent processing, along with purpose limitation, ensuring that data is collected for explicit and legitimate purposes and not used in ways incompatible with those original purposes. Additionally, the principles of data minimization and accuracy dictate that only necessary data is collected and that it remains accurate and up-to-date.

The rights of data subjects are robustly protected under the Act. Individuals have the right to access their data, request corrections, and even demand the deletion of their data under certain circumstances. They can also restrict processing or object to the processing of their data, particularly in cases where the processing does not align with the data protection standards set out in the Act.

Duties of data controllers and processors are clearly outlined, focusing on compliance with the data protection principles and the secure handling of personal data. Data controllers are required to perform data protection impact assessments for processing activities that pose high risks to the rights and freedoms of individuals, emphasizing the Act's preventative approach.

Data security is another critical area addressed by the Act. It mandates controllers and processors to implement suitable technical and organizational measures to safeguard personal data. This includes obligations to notify the Data Protection Authority and affected individuals in the event of a data breach.

Cross-border data transfers are strictly regulated, prohibiting the transfer of personal data outside Malawi unless adequate protections are in place. This ensures that personal data is not subjected to jurisdictions with lax data protection standards.

Significant data controllers and processors must register with the Data Protection Authority, a measure aimed at ensuring that entities handling large volumes of data or sensitive information maintain high data protection standards.

Finally, the Act provides mechanisms for complaints and legal redress, allowing individuals to lodge complaints with the Data Protection Authority if they believe their data has been mishandled. It also outlines penalties for non-compliance, emphasizing the Act's enforceability.

Related Analysis

AU DATA POLICY FRAMEWORK

Collection

CIPIT

Date Updated: 6 mai 2024

Complete Name: Data Protection Act [Act No.3 of 2024]

Documents principaux

Data Protection Act 2024.pdf
English
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CYRILLA: Global Digital Rights Law

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The Data Protection Act 2024.

Documents principaux

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