Cyber Data Protection Regulations 2024

Podcast

Play an AI-generated podcast conversation about this lesson

Questions and Answers

What is the maximum number of data subjects that a Tier 1 data controller license can be issued for?

10,000

500,000

1000 (correct)

Within how many months after the promulgation of the regulations must data controllers apply for a license?

6 (correct)

Which form is used to apply for renewal of a data controller license?

DP3

DP2

DP4

DP1 (correct)

What is the maximum penalty for failing to renew a data controller licence by the expiry date?

Both a fine not exceeding level 11 and imprisonment for a period not exceeding 7 years (D) Signup and view all the answers

What is the duration of validity for a data controller license?

12 months (D) Signup and view all the answers

What is the penalty for processing data without a license after the 6-month period for applying has passed?

Both a fine not exceeding level 11 and imprisonment for a period not exceeding 7 years (D) Signup and view all the answers

Who is responsible for issuing data controller licenses?

The Data Protection Authority (A) Signup and view all the answers

According to the regulations, what is the purpose of applying for a data controller license?

To comply with the Cyber and Data Protection Act and ensure ethical processing of personal information. (D) Signup and view all the answers

Which of the following is NOT a required component for applying for a data controller license?

A list of individuals who will have access to the processed data. (A) Signup and view all the answers

What is the maximum penalty for processing personal information without a data controller license?

Both a fine not exceeding level 11 and imprisonment for a period not exceeding seven years. (B) Signup and view all the answers

What is the timeframe within which the Authority must respond to a data controller license application?

Within 14 days. (D) Signup and view all the answers

When can a person be considered a data controller?

When they decide the purpose and means of processing personal data. (D) Signup and view all the answers

What is the meaning of 'biometric data' as defined in these regulations?

Data related to a person's physical or biological characteristics, primarily for security purposes. (C) Signup and view all the answers

What is the role of the Data Protection Officer (DPO) according to the regulations?

The DPO is responsible for overseeing the processing of personal information and ensuring compliance with the Act. (B) Signup and view all the answers

What is the main objective of the Cyber and Data Protection Act?

To ensure the security and privacy of personal information in the digital age. (A) Signup and view all the answers

What is likely included in the scope of business for an organization involved in handling sensitive personal data?

Crime Prevention / Law Enforcement (D) Signup and view all the answers

Which of the following is NOT a type of business listed in the document?

Environmental Consulting (A) Signup and view all the answers

What type of data processing is referenced as potentially 'sensitive'?

Health-related data (D) Signup and view all the answers

Why would a business need to designate a Data Protection Officer (DPO)?

To oversee compliance with data protection regulations (B) Signup and view all the answers

What information does a 'Certificate of Incorporation Number' typically provide?

The legal registration of the business (D) Signup and view all the answers

What is one of the duties of a data protection officer regarding staff training?

Train staff on data protection (B) Signup and view all the answers

Which of the following responsibilities does a data protection officer NOT have?

Approve data processing agreements (A) Signup and view all the answers

What should a code of conduct include to be approved by the Authority?

A concise statement explaining its purpose (B) Signup and view all the answers

Which task involves dealing with requests made by data subjects?

Dealing with requests made to the data controller (D) Signup and view all the answers

In relation to data protection impact assessments, what is one responsibility of a data protection officer?

To monitor impact assessments (C) Signup and view all the answers

What aspect does the Authority consider when approving codes of conduct?

The level of representation of controllers (C) Signup and view all the answers

Which duty is specifically related to the relationship between the data protection officer and the Authority?

Working with the Authority in relation to its functions (A) Signup and view all the answers

Which of the following is NOT a consideration for the Authority when assessing a code of conduct?

The marketing strategies of the organization (D) Signup and view all the answers

What is the timeframe in which a data controller must inform data subjects of a breach that poses a high risk to their rights and freedoms?

72 hours (D) Signup and view all the answers

What is required of a data controller in terms of internal procedures regarding data breaches?

To establish robust detection, investigation, and reporting procedures (A) Signup and view all the answers

What is the maximum time allowed for a data controller to respond to an information request regarding data breaches?

14 days (B) Signup and view all the answers

What happens if a person violates the provisions set regarding data breaches?

They could be fined or imprisoned (D) Signup and view all the answers

What is the required action of a data controller upon detecting a personal data breach?

Submit a data breach notification form DP3 (B) Signup and view all the answers

Which tier requires a data controller to manage between 100,001 and 500,000 data subjects?

Tier 3 (D) Signup and view all the answers

What is the timeframe to conclude a data breach investigation and submit a report after notifying the authority?

21 days (C) Signup and view all the answers

Which tier is classified for data controllers managing more than 500,000 data subjects?

Tier 4 (C) Signup and view all the answers

What measures are required to process personal data securely, as outlined in the provided text? (Select all that apply)

Developing and implementing organisational policies related to data security. (A), Implementing appropriate physical and technical measures across all data phases. (C) Signup and view all the answers

What is the maximum penalty for violating the provisions of section 16 regarding secure data processing?

A fine not exceeding level 11 and imprisonment for a period not exceeding 7 years. (B) Signup and view all the answers

What is the timeframe for data controllers to report personal data breaches to the Authority?

Within 24 hours of becoming aware of the breach. (C) Signup and view all the answers

What does the term 'zw-CIRT' refer to in the context of the text?

The Zimbabwe Cyber Incident Response Team. (A) Signup and view all the answers

What is the role of the zw-CIRT, as described in the text?

To provide technical advice to data processors and data controllers on security measures. (D) Signup and view all the answers

According to the provided content, who is responsible for reporting a personal data breach to the Authority?

The data controller. (D) Signup and view all the answers

What does the Authority maintain? (Select all that apply)

A register of all approved codes of conduct. (A) Signup and view all the answers

What is one of the steps required by the Authority before approving a code of conduct?

Seeking the views of affected data subjects, or their representatives. (C) Signup and view all the answers

Study Notes

Statutory Instrument 155 of 2024

This instrument outlines regulations for Cyber and Data Protection (Licensing of Data Controllers and Appointment of Data Protection Officers) in 2024.
It contains an arrangement of sections covering various aspects of data protection.
Sections include: title, interpretation, data processing, licensing of data controllers, validity and renewal of licenses, categories, false information, exemptions, register of controllers, obligations of controllers, sensitisation/training, officer appointments, guidelines for officers, functions of officers, code approval, data security, security breach notification, and further details on specific forms.

Cyber and Data Protection (Licensing of Data Controllers and Appointment of Data Protection Officers) Regulations, 2024

Regulations detail licensing procedures for data controllers, and guidelines for appointing data protection officers.
The "Act" refers to the Cyber and Data Protection Act [Chapter 12:07].
Key terms include "Authority", "biometric data" (fingerprints, palm veins, face recognition), "DPO", and details on the processing of personal data.
Subsection (1) outlines that no one can process personal information without a license.
Subsection (2) details various scenarios requiring a license, including deciding means/outcome, data collection methods, personal benefits from processing.
Failure to obtain a license within stipulated timelines results in penalties.

Licensing of Data Controllers

Any person determining purposes and means of personal data processing must apply for a license.
Applications are submitted in Form DP1 (Application/Renewal Form) with accompanying fees.
Authority will review applications, request further information, issue or reject licenses with reasoning.
Data controllers operating prior to the regulations' promulgation have a 6-month timeframe for license application.
Penalties apply for failure to obtain a license within the specified time frame.
License validity is 12 months.

Licence Categories

Data controller licenses are categorized as Tier 1 (50-1000 data subjects), Tier 2 (1001-100,000 subjects), Tier 3 (100,001 - 500,000 subjects), and Tier 4 (over 500,000 subjects) based on data subjects handled.
Specific fees per tier are detailed, and failure to comply has consequences.

Submission of False Information

Submitting false information for license application is an offense.
Penalties for false information are outlined.

Data-Controller Obligations

Continuous professional development training for data protection officers is mandated by the controller.
The Authority Notification is required regarding various data processing activities, modifications, transfers, and processes involving biometric/genetic data.
Data controllers should ensure data protection (design and default) principles when handling children's data.
Detailed requirements and penalties for non-compliance are addressed.

Approval of Codes

Codes of conduct for data processing are subject to approval by the Authority.
Conditions for approval include compliance with the Act, representation level of controllers/processors, concise code description, relevant data protection issues covered, monitoring compliance methods, compliance with other legislations, etc.

Security of Data

Appropriate technical and organisational measures must be adopted for personal data processing.
These measures include risk assessment, organisational policies, physical and technical protection for various data phases, confidentiality, integrity, and availability of data.
Measures to restore data access/availability must be in place in case of physical/technical issues.

Security Breach Notification

Data controllers must report breaches to the authority within 24 hours.
Reporting uses form DP3 (Data Breach Notification Form).
Notifications for breaches with high-risk implications must be made within 72 hours to affected individuals.
The controller/processor must have breach detection, investigation, and internal reporting procedures/record keeping in place and cooperate with the Authority.

Forms, Schedules & Fees

Detailed information on forms (DP1, DP2, DP3), schedules (1-4), and related fees is provided.

Studying That Suits You

Use AI to generate personalized quizzes and flashcards to suit your learning preferences.

Description

This quiz covers the key aspects of Statutory Instrument 155 of 2024, focusing on regulations regarding the licensing of data controllers and the appointment of data protection officers. It includes sections on data processing, obligations, licensing validity, and security protocols. Test your understanding of data protection laws and compliance requirements.