(2) This Act is applicable:
(a) to the processing of personal data carried out in the context of
the
effective and actual activities of any controller permanently
established in
Zimbabwe or in a place where Zimbabwean law applies by virtue
of
international public law;
(b)to the processing of personal data by a controller who is not
permanently established in Zimbabwe, if the means used,
whether electronic or otherwise is located in Zimbabwe, and such
processing isnot for the purposes of mere transit of personal data
through Zimbabwe.
(3) In the circumstances referred to in the previous paragraph
under (2)b, the controller shall designate a representative
established in Zimbabwe, without prejudice to legal proceedings
that may be brought against the controller.
(4) This Act cannot restrict:
(a)the ways of production of information which are available
according to
a national law or as permitted in the rules that govern legal
proceedings;
and
(b)the power of the judiciary to constrain a witness to testify
produce evidence.
Draft Data Protection Bill Version 1.0
9