DATA PROCESSING
PRINCIPLES
Part IV of the Act covers areas of the general rules on
processing of data, which include generality; purpose, nonsensitive data; sensitive information; Data Processing
Principles. The Act contains several data processing principles
as reflected in most national and regional data protection
laws28. While other laws list the eight principles in clear
order, the Act has placed them in different sections, and
might not be clearly outlined as data processing principles.

GENERALITY
Section 8 of the Act requires that the Data controller ensures
that processing of data is necessary, and that data is
processed fairly and lawfully.

What is the meaning of necessary;
fairly; and lawfully?
Necessary: is the data required and if so, what purposes
is the data required for. Before processing commences, the
data controller must identify the necessity of the data to be
processed. In addition, the data collected must not be more
than is required. For instance, if the purpose of the data
is for opening a bank account, there is no necessity for
asking personal information on data subject’s trade
union affiliations.

Lawfully: This means that processing must comply with
the provisions of the Act. However, lawfulness goes beyond
a single law or the Act, but to include the Constitution, other
laws for instance FOIA, or if it is sector specific, the Banking
Act or the National Registration Act. In addition, lawfulness
covers other international obligations and instruments that
Zimbabwe has ratified and domesticated.

Do you satisfy only one condition
therefore proceed with processing
information?
Compliance with one condition is not sufficient. If the
processing of data is necessary, it should be lawfully and
fairly processed. If it is not necessary, then it cannot be
lawful as the information is outside the legal scope of what
is required.

PURPOSE
Section 9 of the Act requires that the data controller ensures
that data collection is specified, explicit and for legitimate
purposes. Again, to satisfy this provision the data controller
must ensure that:
• Specified:
• Explicit:
• Legitimate:

The type of data to be collected is known,
or clear
The data controller must be clear why they
are collecting personal data
The data controller must indicate what
they will use the data for.

In addition to the above, the data controller must:
Fairly: in processing data, the data controller must abide by
principles of natural justice which allows for a data subject
to know of the decisions made; identity of the data controller;
reasons for the data processing. Fairness requires one to
consider all different issues in relation on how data processing
is handled. Being informed of the data collection and providing
consent if required constitutes fair processing 29 .

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• document compliance with all the requirements
for processing
• meet and comply with the expectations of the data subject
as laid out in legal provisions for lawfulness, and fairness

The GDPR and POPIA lists them as clear conditions of processing. Article 5 of GDPR lays out the principles as follows; lawfulness, fairness and transparency; purpose
limitation; data minimisation; accuracy; storage limitation; integrity and confidentiality; accountability.

29

See GDPR Preamble, GDPR Article 20.

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