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 ...
view
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 ...
view
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.
view
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 ...
view
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.
view
6 Nov 2019 in National Assembly:
Hon. Temporary Deputy Chairlady, I beg to move: THAT, clause 35 of the Bill be amended in subclause (3) by deleting the word “before” appearing in paragraph (b) and substituting therefor the word “after”. Basically, we are correcting a typing error in this particular clause. I move.
view
6 Nov 2019 in National Assembly:
Hon. Temporary Deputy Chairlady, I beg to move: THAT, Bill be amended by deleting clause 37 and substituting therefor the following new clause—
view
6 Nov 2019 in National Assembly:
Commercial use of data. 37. (1) A person shall not use, for commercial purposes, personal data obtained pursuant to the provisions of this Act unless the person- (a) has sought and obtained express consent from a data subject; or ` (b) is authorised to do so under any written law and the data subject has been informed of such use when collecting the data from the data subject. (2) A data controller or data processor that uses personal data for commercial purposes shall, where possible, anonymise the data in such a manner as to ensure that the data subject is ...
view
6 Nov 2019 in National Assembly:
Basically, we are saying that when data is used for commercial purposes, the data controller or processor should ensure the identity of the data subject is concealed, especially when they are doing marketing. The current proposal was making reference to direct marketing while the new provision is seeking to ensure that data used for commercial purposes, which is much broader than direct marketing, is properly secured. Anything to do with commercial data should not identify the data subject; it should be made a pseudo.
view
6 Nov 2019 in National Assembly:
Hon. Temporary Deputy Chairlady, I beg to move: THAT, Clause 41 of the Bill be amended in subclause (3) by inserting the following new paragraph immediately after paragraph (d) ─ (e) the cost of processing data and the technologies and tools used. It is imperative to have in mind the cost of processing data and technologies and tools used in processing data. This is because you need big servers for storing data. It is important to have in mind the cost of storage when a particular data controller or data processor is used to give a particular data of a ...
view