The Data Protection Bill, 2012
MEMORANDUM OF OBJECTS AND REASONS
The Ministry of Information and Communications has formulated the Bill herein with a
view to protecting personal information that is collected by persons and processed
automatically. The Bill recognizes that data protection in relation to personal information
is a corollary to expectation of privacy, a human right that is in keeping with best
international practice. It also spells out the mechanisms for enhancing data protection.
The Bill is borne of the realization that data protection is crucial for the promotion of etransactions in the global digital economy where a lot of information is processed
automatically.
Part I of the Bill contains preliminary provisions.
Part II of the Bill contains provisions on principles of personal information protection.
Clause 7 provides for notice to persons on information collection. Clause 8 provides for
collection of personal information. Clause 9 provides for exemptions. Clause 11 provides
that information should be protected. Clauses 12 and 13 provides for access to
information and correction of information. Clause 14 provides for the parameters on use
of information. Clause 15 provides for storage of information. Clause 16 provides for
protection against misuse of information. Clause 17 prohibits a person from using
personal data for commercial purposes without the express consent of the data subject.
Clause 18 provides for protection against use and disclosure of unique identifiers. Clause
19 provides for protection against interference with the personal information.
Part III of the Bill contains provisions, under clauses 20 and 21, conferring on the
Commission on Administrative Justice oversight functions and powers.
Part IV of the Bill contains provisions on complaints, proceedings and settlement.
Clause 22 pertains to inquiry into complaints, Clause 23 governs conduct of proceedings
and Clause 24 is on settlement of complaints.
Part V of the Bill contains powers and remedies of the Commission in relation to
violation of data protection principles. It provides at Clause 26 for damages that may be
awarded.
Part VI of the Bill contains miscellaneous provisions.
The enactment of this Bill will not occasion additional expenditure of public funds.
Dated the ……………………………….2012.
SAMUEL POGHISIO,
Minister of Information and Communications.
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