Last Month in Privacy: October 2021
November 02, 2021
Africa: Rwanda and Botswana data protection laws enter into effect
In Africa, new data protection laws in Rwanda and Botswana came into effect.
In Rwanda, the Law Relating to the Protection of Personal Data and Privacy establishes obligations in relation to maintaining records of processed personal data, designation of a personal data protection officer, carrying out of DPIAs, and breach notification. The Law also outlines several data subject rights. For organisations already in operation there is a transition a period not exceeding two years from the date of publication.
In Botswana, its Data Protection Act also came into effect. Its territorial scope extends to personal data entered into a file for a data controller established in Botswana or not established in Botswana but makes use of processing means situated within Botswana. Organisations are required to appoint a data protection representative, and notify the Commissioner of any breaches, whilst data subjects are afforded a number of rights.
The Act provides for a transition period of 12 months.
California: Governor signs bill amending CCPA
The California Governor approved Assembly Bill 694 on privacy and consumer protection.
The bill amends the CCPA by adding a definition of 'advertising and marketing', 'consent', and dark pattern, and amending certain other definitions such as business, business purpose, and contractor. The bill also clarifies certain provisions under the CPRA with respect to timing of the rulemaking authority of the California Privacy Protection Agency.
The provisions of the bill will take effect on 1 January 2022.
Read more here.
Australia: AG invites further submissions regarding Privacy Act review
The Australian Attorney-General announced that the Government is accepting further submissions regarding its review of the Privacy Act 1988.
The AG highlighted the release of a Discussion Paper which covers a broad range of topics including:
- the scope and application of the Privacy Act;
- the protections contained in the Australian Privacy Principles; and
- how the Privacy Act is regulated and enforced.
The AG also noted that this consultation is being held at the same time as a consultation on the Exposure Draft of the Privacy Legislation Amendment (Enhancing Online Privacy and Other Measures) Bill 2021.
The Government will be accepting submissions until 10 January 2022.
Read more here.