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A data user is a person who controls the collection, holding, processing or use of personal data and is responsible for compliance with PDPO. Unlike many other jurisdictions, the scope of this definition excludes government agencies. This makes sense, given that the PDPO was intended to protect individuals from arbitrary interference with their privacy, family, home and correspondence, as well as unlawful attacks on their honour and reputation.
The PDPO stipulates that a data user must expressly inform a data subject on or before collecting his personal data of the purposes for which the data will be used, including transfer to third parties and classes of persons to whom the data may be transferred. This requirement, which is common to most data privacy regimes, helps ensure that personal data is not collected for unauthorised or unjustified reasons.
Furthermore, the PDPO requires that a data user must keep records of his activities. This will assist the police in investigating possible breaches of the PDPO and is also important to businesses for risk management and mitigation purposes. Similarly, the PDPO stipulates that a data importer must implement adequate technical and organisational measures to ensure that any personal data it receives is not compromised. This includes implementing a data security policy and conducting regular audits of the foreign entity to ensure its compliance with local laws.
It is possible that the PDPO will be revised in the future, with the aim of strengthening individual protections. One such change mooted is a move towards a definition of personal data which would require that data be able to identify an individual in order for it to fall within the scope of the PDPO. This could significantly broaden the number of businesses that need to comply with the PDPO, and it is likely to have a significant impact on companies who use data-related technologies, such as those which learn about an individual’s behaviour or record their interactions.
If the PDPO were to be amended in this way, it is essential that businesses which use such technologies take steps to ensure their processes meet all of the requirements of the PDPO. This will ensure that their customers’ data is protected to the highest standard. It will also ensure that companies are fully aware of the obligations and best practice in relation to cross-border personal data transfers. It will also help them to make informed decisions on the use of such technologies. This will be especially important if they intend to transfer personal data overseas.
