Data Protection Act, 2011 (Act No. 5 of 2012)

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# LESOTHO Government Gazette

Vol. 57 Wednesday – 22nd February, 2012 No. 19

CONTENTS

| No. | Page | | --- | --- | | ACT | | | 5 | Data Protection Act, 2011 ... 247 |

GOVERNMENT NOTICE

| 10 | Statement of Objects and Reasons of the ... 290 | | --- | --- | | | Data Protection Act, 2011 |

OTHER NOTICES

(See Supplement of the Gazette)

Published by the Authority of His Majesty the King Price: M37.00

247

# ACT NO. 5 OF 2012

# Data Protection Act, 2011

# Arrangement of Sections

# Sections

# PART I – PRELIMINARY

1. Citation and commencement
2. Interpretation
3. Application of the Act
4. Exemptions
5. Sector specific legislation

# PART II – DATA PROTECTION COMMISSION

1. Establishment of the Data Protection Commission
2. Disqualification from office
3. Functions of the Commission
4. Tenure of office
5. Allowances of the members of the Commission
6. Funds of the Commission
7. Audit of accounts
8. Protection of Commission
9. Duty of confidentiality

# PART III – PROTECTION OF PERSONAL INFORMATION

1. Processing of personal information
2. Minimality
3. Collection directly from the data subject
4. Purpose specification and further processing limitation
5. Retention of records
6. Security measures on integrity of personal information
7. Information processed by an agent of the data controller
8. Security measures regarding information processed by an agent
9. Notification of security compromises
10. Quality of Information

248

1. Notification to the Commission and to the data subject
2. Access to and challenges of personal information
3. Correction of personal information
4. Data controller to give effect to principles
5. Prohibition on processing of sensitive personal information

PART IV – EXEMPTIONS FROM PROTECTION ON PROCESSING OF PERSONAL INFORMATION

1. Exemption on data subject’s spiritual, religious or philosophical beliefs
2. Exemption on data subject’s race
3. Exemption on data subject’s trade union membership
4. Exemption on data subject’s political affiliation
5. Exemption on data subject’s health or sexual life
6. Exemption on data subject’s criminal behaviour
7. General exemption on sensitive personal information
8. Authorisation by the Commission
9. Exemption for processing of personal data for historical, statistical and research purposes

PART V – ENFORCEMENT

1. Complaints
2. Investigation by the Commission
3. No action by the Commission
4. Pre-investigations by the Commission
5. Investigation proceedings of the Commission
6. Matters exempt from search and seizure
7. Parties to be informed of developments during and result of investigation
8. Enforcement notice
9. Cancellation of an enforcement notice
10. Reviews and appeals
11. Civil remedies

PART VI – GENERAL PROVISIONS

1. Unsolicited electronic communications
2. Automated decision making
3. Transfer of personal information outside Lesotho

249

1. Notifications
2. Codes of conduct
3. Offences and penalties
4. Regulations
5. Transitional arrangements

250 # ACT NO. 5 OF 2012

Data Protection Act, 2011