DPO Appointment Considerations
• Is the DPO independent, capable and qualified for this
position; remember the DPO must report to senior
management and has independence to ensure compliance
of the Act by the data controller;
• Is DPO able to deal with requests made to the data
controller; the DPO must be involved in all critical processes
relating to protection of personal data so that they are
able to respond to requests.
• Is the DPO a staff of the organisation; if so then they must
be well resourced to play this role and must not be
penalised for either whistleblowing or in the performance
of their duties.
• Is the DPO accessible, known and contactable; this is
important as the DPO will be the contact person for data
subjects, data controller or data representative
officials/employees or for the Authority.

CONTENT OF
NOTIFICATION
If required to notify the Authority on certain automated data
processing provided under Section 20, the data controller
must meet the requirements of Section 21(1)(a)-(m).
The notification must include information that makes it possible
for the Authority and the data subject to exercise their oversight
and enforcement of their rights respectively. The notification
must include:
• the date of notification and the law authorising the automatic
data processing
• the contact details of the data controller or processor of
their representative
• the denomination of the automatic processing
• the purpose or the set of related purposes of the automatic
processing
• the categories of data being processed, and a detailed
description of the sensitive data being processed
• a description of the category or categories of the
data subjects
• the safeguards that must be linked to the disclosure of
the data to third parties

M I S A

Z I M B A B W E

•

G U I D E

T O

T H E

Z I M B A B W E A N

• the manner in which the data subjects are informed, the
service providing for the exercise of the right to access,
and the measures taken to facilitate the exercise of
that right
• the inter-related processing planned or any other form of
linking with other processing
• the period of time after the expiration of which the data
may no longer be stored, used or disclosed
• a general description containing a preliminary assessment
of whether the security measures are adequate 52
• the recourse to a data processor, if any
• the transfers of data to a third country as planned by the
data controller (see Section on data transfers)
The Authority is allowed to prescribe other information to be
included in the notification, as per Section 20 (2) of the Act.
Furthermore, the Authority can inspect and assess security
and organisational measures before processing or transfer of
the data commences. This provision is important as this process
constitutes a data privacy impact assessment (DPIA), designed
to establish the level of safeguards and privacy protection for
the data subject. The Act empowers the Authority to inspect
and assess security and organisational measures taken by
data controller.

AUTHORISATION

The processing of certain classes of personal data might
require specific authorisation before processing commences.
The Authority under Section 22 of the Act is empowered to
establish the various categories of data that requires
authorisation based on the specific risks to the fundamental
rights of the data subject.
52

C Y B E R

Section 13 does not seem to speak to issues raised here. This might be a
drafting error.

A N D

D A T A

P R O T E C T I O N

A C T

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Select target paragraph3