REGULATIONS,
OFFENCES,
PENALTIES AND
APPEALS

representative are liable for any fines that are imposed on
their agents.

E EXERCISE

Part X of the Act which constitutes general provisions has a
section on regulations, offences and penalties and appeals in
terms of the Act.

Regulations
Section 32 of the Act gives powers to the Minister in consultation
with Authority to make regulations for matters related to the
Act. These regulations can also cover some of the specified
areas such as Sections 25 to 27 which deal with decisions
on automated data processing, representation of the data
subject who is a child; and representation of physically, mentally
or legally incapacitated.

Chad Gore Technologies have completed the collection of voter
registration biometric information for ZEC. To achieve a quick
turnaround exercise Chad Gore Technologies sub-contracted
Chigs Technologies to provide additional collection and storage
support. Chigs Technologies creates a backdoor access to the
data servers for Asphalt Marketing to collect numbers, biometrics
and all personal data, which they are using for marketing and
screening for employment. Chigs Technologies, further shares
biometrics (eye and fingerprints) to Catch Them All private
investigators. ZEC proves no knowledge of all these transactions
and fails to confirm that Chad Gore Technologies had
implemented appropriate technical and organisational
measures. Further, several political parties have started sending
messages to registered voters urging them to vote in the
coming 2028 elections.
1. Identify the data breaches and violations?
2. Who is liable for the various data breaches?
3. Who should notify the DPA?

Offences and Penalties

4. Should the data subjects be notified, if not why?

There are various offences and penalties under the Act. Section
33 (1) penalises any member of the Authority including an
expert or contractor who violates provisions of the Act. In
addition, Section 33 (2) criminalises violation of several sections
by data controller or representative. These sections are:
• Section 11 on sensitive data
• Section 13 on duties of the controller
• Section 18 (4) on appropriate technical and organisational
measures to safeguard data security, integrity
and confidentiality
• Section 24 on accountability
• Section 28 on transfer of personal information.
In the event of data that is unlawfully acquired, the courts are
authorised to order seizure of the materials or deletion under
Section 33 (3), 33 (4) and 33 (5). Data controller or their

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