What if codes of conduct already
exist?

What is the importance of code of
conduct?

The Act is not the only law regulating data processing in
Zimbabwe, and associations might already exist with codes
of conduct. For instance, data controllers in banking institutions
or health institutions. If these are in existence, they can be
amended or extended under Section30 (2). The Authority must
approve codes of conduct based on the provisions of the Act
and other considerations as per Section 30 (3). In terms of
Section 30 (4), the Authority may consult data subjects or
representatives likely to be affected by the code of conduct.

Data subjects will benefit from associations adopting codes
of conduct as they will receive and expect a fair and balanced
processing of personal information. The Authority will also
benefit from codes of conduct as it will reduce the number of
disputes, and complaints to adjudicate. Signing up to a code
of conduct for data controllers shows compliance with data
protection laws and a good practice for transparency,
accountability and openness in data processing.

What must be contained in a code of
conduct?

WHISTLE-BLOWER

The Act is not exhaustive in this respect, and this will certainly
be covered by statutory instruments. However, POPIA sections
60 (1)-(4) provides guidance on provisions and application of
codes of conduct.
For instance, the code must:
• incorporate all the conditions for the lawful processing of
personal information or set out obligations that provide a
functional equivalent of all the obligations set out in those
conditions; and
• prescribe how the conditions for the lawful processing of
personal information are to be applied, or are to be complied
with, given the particular features of the sector or sectors
of society in which the relevant responsible parties
are operating.
Further the code must also specify appropriate measures for:
• information matching programmes if such programmes
are used within a specific sector; or
• protecting the legitimate interests of data subjects insofar
as automated decision making, as referred to in Section
71, is concerned

Part IX of the Act provides for rules authorising and governing
the whistleblowing system. Section 31(1) of the Act gives
power to the Authority to establish rules giving the authorisation
and governing of the whistleblowing system. This Section is
important and will require further clarification from the Authority.

And lastly the code of conduct must provide for the review of
the code by the Information Regulator [Authority]; and provide
for the expiry of the code.

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