6 Nov 2019 in National Assembly:
THAT, Clause 19 of the Bill be amended by ─ (a) deleting sub-clause (4) and substituting therefor the following new sub-clause — “(4) The Data Commissioner shall issue a certificate of registration where a data controller or data processor meets the requirements for registration; (b) inserting the word “this” immediately after the words “the provisions of” appearing in sub-clause (7).
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6 Nov 2019 in National Assembly:
It seeks to clarify the provisions on registration and clearly say that a certificate shall be issued when requirements for registration are met. It also seeks to correct a typographical error. I urge Hon. Members to support the amendment by the Committee.
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6 Nov 2019 in National Assembly:
The electronic version of the Official Hansard Report is for information purposes only. Acertified version of this Report can be obtained from the Hansard Editor.
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6 Nov 2019 in National Assembly:
Hon. Temporary Deputy Chairlady, I support Hon. Duale’s amendment. We agreed that there are those data processors and data controllers who do not have to get licences. Say, when you go to any office, there are security officers who take your details like your ID number or telephone number and then you are allowed in. Such data processors and data controllers do not need to get licences. So, that is why the discretion is there, to weigh in. I believe the person who will be appointed as a Data Commissioner will be a reasonable person who has gone to school ...
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6 Nov 2019 in National Assembly:
Hon. Temporary Deputy Chairlady, I beg to move: THAT, Clause 25 of the Bill be amended by inserting the following new paragraph immediately after paragraph (d)─ “(e) collected only where a valid explanation is provided whenever information relating to family or private affairs is required”. We are giving an additional principle which is aimed at ensuring that data subjects are informed of reasons for collection of data related to private and family affairs, so that they can make informed decisions before granting consent. Basically, we are saying that information should be given first on what the data is going to ...
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6 Nov 2019 in National Assembly:
The electronic version of the Official Hansard Report is for information purposes only. Acertified version of this Report can be obtained from the Hansard Editor.
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6 Nov 2019 in National Assembly:
From what Hon. Osotsi has just said, I wanted to convince Hon. Millie to drop the amendment. We had agreed earlier. There is a different view that Hon. Osotsi has given. If one had earlier given consent of their data to be collected and there is need for that data to be transferred out of the country, you do not have to give consent again. If it will be used for the same purpose out of the country, it means we are going to raise a lot of restrictions and people will eventually go to court and we will not ...
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6 Nov 2019 in National Assembly:
Hon. Temporary Deputy Chairlady, I beg to move: THAT, Clause 29 of the Bill be amended by─ (a) deleting paragraph (d) and substituting therefor the following new paragraph— “(d) the third parties whose personal data has been or will be transferred to, including details of safeguards adopted;” (b) inserting the following new paragraph immediately after paragraph (e)─ “(f) a description of the technical and organisation security measures taken to ensure the integrity and confidentiality of the data.” We are proposing this amendment to ensure that the rights of data subjects are protected and that security measures are taken into account ...
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6 Nov 2019 in National Assembly:
The electronic version of the Official Hansard Report is for information purposes only. Acertified version of this Report can be obtained from the Hansard Editor.
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6 Nov 2019 in National Assembly:
Hon. Temporary Deputy Chairlady, I beg to move: THAT, clause 31 of the Bill be amended by inserting the following new sub-clauses immediately after sub-clause (4) ─ (5) The data impact assessment reports shall be submitted sixty days prior to the processing of data; and (6) The Data Commissioner shall set out guidelines for carrying out an impact assessment under this section. There is need for the Data Protection Commissioner to set out the types of processing operations that would require a data impact assessment. Secondly, setting up of timelines on when data impact assessment reports should be submitted to ...
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