Cyber Data Protection Regulations 2024

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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
  • 50
  • 1000 (correct)

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

  • 3
  • 1
  • 12
  • 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?

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

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

<p>12 months (D)</p> 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?

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

Who is responsible for issuing data controller licenses?

<p>The Data Protection Authority (A)</p> Signup and view all the answers

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

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

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

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

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

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

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

<p>Within 14 days. (D)</p> Signup and view all the answers

When can a person be considered a data controller?

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

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

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

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

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

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

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

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

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

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

<p>Environmental Consulting (A)</p> Signup and view all the answers

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

<p>Health-related data (D)</p> Signup and view all the answers

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

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

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

<p>The legal registration of the business (D)</p> Signup and view all the answers

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

<p>Train staff on data protection (B)</p> Signup and view all the answers

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

<p>Approve data processing agreements (A)</p> Signup and view all the answers

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

<p>A concise statement explaining its purpose (B)</p> Signup and view all the answers

Which task involves dealing with requests made by data subjects?

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

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

<p>To monitor impact assessments (C)</p> Signup and view all the answers

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

<p>The level of representation of controllers (C)</p> Signup and view all the answers

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

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

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

<p>The marketing strategies of the organization (D)</p> 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?

<p>72 hours (D)</p> Signup and view all the answers

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

<p>To establish robust detection, investigation, and reporting procedures (A)</p> 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?

<p>14 days (B)</p> Signup and view all the answers

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

<p>They could be fined or imprisoned (D)</p> Signup and view all the answers

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

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

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

<p>Tier 3 (D)</p> Signup and view all the answers

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

<p>21 days (C)</p> Signup and view all the answers

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

<p>Tier 4 (C)</p> 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)

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

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

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

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

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

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

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

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

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

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

<p>The data controller. (D)</p> Signup and view all the answers

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

<p>A register of all approved codes of conduct. (A)</p> Signup and view all the answers

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

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

Flashcards

Data Protection Authority

The organization responsible for overseeing data protection in a country. It handles data protection license applications and ensures compliance with regulations.

Processing of data

The process of handling and utilizing personal information, including collection, storage, and use.

Purpose of processing personal information

The purpose of gathering and using personal data. It should be clearly defined and lawful.

Biometric data

Biological characteristics of an individual used for identification, including fingerprints, palm veins, and facial features.

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Data Protection Officer (DPO)

This is the person who ensures an organization complies with data protection laws. They're responsible for handling data privacy matters.

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Data controller license

A legal document that permits an organization to process personal data. It's essential for compliance with data protection regulations.

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Form DP1 (Application/Renewal Form)

A legal document that helps an organization apply for a data controller license. It's used by the Data Protection Authority to evaluate applications.

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Data Protection Regulations

The guidelines and rules governing how data is processed and protected.

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Data Controller Licence Validity

A data controller licence is valid for a period of 12 months, subject to compliance with the Act, regulations and license conditions.

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Data Controller Licence Renewal

A person can apply for renewal of their data controller licence using Form DP1 and paying the fee specified in the Second Schedule at least 3 months before the expiry date.

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Failure to Renew License

If a person fails to renew their data controller licence by the expiry date, they can be fined or imprisoned.

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Data Controller Licence Tiers

The Authority issues different tiers of data controller licences based on the number of data subjects whose information is processed.

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Tier 1 Data Controller Licence

A Tier 1 data controller licence is issued to a person who processes information for a minimum of 50 and a maximum of 1000 data subjects.

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Tier 2 Data Controller Licence

A Tier 2 data controller licence is issued to a person who processes information for a minimum of 1001 and a maximum of 100,000 data subjects.

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Tier 3 Data Controller Licence

A Tier 3 data controller licence is issued to a person who processes information for a minimum of 100,001 and a maximum of 500,000 data subjects.

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Tier 4 Data Controller Licence

A Tier 4 data controller licence is issued to a person who processes information for more than 500,000 data subjects.

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What is the role of a Data Protection Officer (DPO) in relation to compliance?

The DPO is responsible for overseeing the organization's compliance with data protection laws, including internal policies, regulations, and the legislation itself. They manage internal data protection activities.

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What are DPO's responsibilities in regards to training and awareness?

The DPO also educates staff about data protection laws and provides them with the necessary training to understand and comply with these regulations.

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What is the DPO's role in dealing with outside parties regarding data?

The DPO acts as a bridge between the organization, data subjects, and the data protection authority. They handle requests from both the authority and individuals regarding their data.

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What role does the DPO play in advising employees on data protection?

A DPO advises employees on their obligations to comply with data protection laws and regulations, ensures they understand their legal duties.

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How does the DPO contribute to data protection impact assessments (DPIAs)?

The DPO is involved in the development and monitoring of data protection impact assessments (DPIAs). They help to analyze potential risks and identify mitigation measures.

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What is a code of conduct in the context of data protection?

A code of conduct is a set of rules or guidelines for organizations that aim to ensure ethical and legal data handling practices.

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What is the role of the data protection authority in approving codes of conduct?

The data protection authority assesses whether the proposed code of conduct complies with relevant laws and regulations. They also assess the level of representation of controllers or processors covered by the code.

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What should a 'code of conduct' clearly define?

A code of conduct should clearly define the scope of its applicability, identify the specific data processing operations it covers, and the categories of organizations it applies to.

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Description of Personal Data Being Processed

The specific types of personal data an organization collects and processes in its business operations.

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Type of Business

Categorizing and classifying the activity of an organization based on its main purpose. Examples include financial services, education, and healthcare.

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Designated DPO

A personal data protection officer is the organization's point of contact for all data privacy matters. They ensure compliance with regulations.

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Sensitive Personal Data

This refers to information considered sensitive and requires extra protection compared to regular personal data. It includes health data, racial or ethnic origin, political opinions, religious beliefs, and sexual orientation.

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Do you handle any sensitive personal data?

Indicates whether the organization collects or processes information that's considered sensitive, like health or financial data.

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Data Controller

Any organization or individual that processes personal information, including collection, storage, and use. They must comply with data protection regulations, register as a data controller, and ensure data protection.

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Data Subjects

Individuals whose personal information is processed. They have rights to access, correct, and delete their data.

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Data Protection Authority (DPA)

The official body responsible for overseeing data protection in a country. It handles data protection license applications, investigates data breaches, and ensures compliance with data protection regulations.

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Data Breach

A serious security incident involving unauthorized access, disclosure, alteration, or destruction of personal information that requires prompt action.

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Data Breach Notification Form

A mandatory form that data controllers must submit to the Data Protection Authority when a data breach occurs. It details the breach details and actions taken.

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Data Subject Notification

A legal responsibility for data controllers to inform data subjects within 72 hours if a data breach is likely to cause significant harm to their rights and freedoms.

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Data Protection Violations Penalties

The penalty for violating data protection regulations, including failing to report data breaches or not complying with data protection principles.

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Secure Processing of Personal Data

The process of managing personal data securely using technical and organizational measures. This includes things like conducting risk assessments, implementing policies, and securing data at all stages of processing.

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Mandatory Data Breach Notification

A data controller must report a breach to the Data Protection Authority within 24 hours of discovering it. This applies to breaches impacting data processed by the controller or their processor.

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Technical and Organizational Security Measures

These measures ensure the security, confidentiality, integrity, and availability of a data controller's systems, services, and processed personal data. They aim to protect data from unauthorized access, modification, or loss.

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Testing and Improving Security Measures

Actions taken by a data controller to ensure the effectiveness of security measures and make necessary improvements. This includes regular testing and updates.

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Codes of Conduct for Data Processing

A code of conduct is a set of rules that promotes responsible data processing. It can be approved by the Data Protection Authority with or without amendments, and the authority keeps a register of all approved codes.

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Seeking Input from Data Subjects

The Data Protection Authority seeks input from affected data subjects or their representatives before approving a code of conduct. This ensures that the code is relevant and respects individuals' rights.

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Expert Advice on Security Measures

The Cyber Security and Monitoring of Interception of Communications Centre and the Cyber Incident Response Team (zw-CIRT) can offer technical advice to data controllers and processors on appropriate security measures.

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Review and Amendment of Data Controller License

A data controller license, which permits an organization to process personal data, can be reviewed or amended by the Data Protection Authority following specific procedures.

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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.

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