The Ministry of Information and Communication Technology ('MICT') released on Twitter, on 26 October 2022, its revised draft Data Protection Bill 2022, and is requesting public comments on the same. In particular, the Bill clarifies that it will apply to the processing of personal data wholly or partly by automated and by non-automated means, where the personal data forms part of a structured set of data and is accessible or retrievable according to specific criteria.

In this regard, key provisions of the Bill include, among other things:

• extraterritorial application where the processing relates to individuals within the jurisdiction of Namibia;
• additional protection for 'special categories of personal data' and 'children data';
• data subject rights, such as rights to be informed, access, and correction;
• controller and processor obligations, including requirements to:
  • implement data security measures;
  • notify the relevant authority and the data subject as soon as reasonably possible after the discovery of a compromise; and
  • limit the transfer of personal data outside Namibia unless exceptions apply, including Binding Corporate Rules; and
• the establishment of a supervisory authority responsible for monitoring and enforcing compliance with the Bill and the issuance of codes of conduct;

Public comments can be submitted via email to [email protected] and [email protected] until 30 November 2022.

You can read the press release here and the Bill here.