Statement by the Postal and Telecommunications Regulatory Authority of Zimbabwe (POTRAZ) Director-General, Gift Machengete, on the collection, sharing and broadcasting of personal information without the consent of the data subject.
Advisory Notice on Collection, Sharing and Broadcasting of Personal Information without the Consent of the Data Subject
POTRAZ as the designated Data Protection Authority of Zimbabwe has noted with concern the increasing number of incidents of collection, sharing, distribution and or broadcasting of intimate images and or videos without the consent of the person whose intimate images and or videos would have been shared.
The purpose of this Notice is to advise members of the public that:
1. Intimate images and videos form part of personal information which is categorised as sensitive data under the Cyber and Data Protection Act [Chapter 12:07]. The Act prohibits the collection, sharing and distribution of sensitive data without the consent of the data subject.
2. The Cyber and Data Protection Act [Chapter 12:07] as read with Section 164E of Criminal Law Codification & Reform Act [Chapter 9:07] prohibits the collection, transfer, sharing and or broadcasting of intimate images and or videos without the consent of the person concerned. The law seeks to curb the humiliation and embarrassment of persons whose intimate images and or videos would have been shared. It also empowers citizens to have control over the processing of their personal information. This is in line with the fundamental rights to human dignity and the right to privacy as enshrined in the Constitution of Zimbabwe in Sections 51 & 57 respectively.
3. Those who continue to collect, share, distribute and or broadcast intimate images and or videos without the consent of the data subject of the images and or videos shall be liable for imprisonment for a period up to five (5) years or a fine up to level ten and or both such fine and such imprisonment.
4. Members of the public are strongly advised against the collection, sharing or distribution and or broadcasting of sensitive personal information, including any intimate images and or videos of any person without the consent of the data subject.
5. The Authority shall take appropriate regulatory action to ensure a high standard of data protection for all citizens.
For complaints and further guidance, contact the Postal and Telecommunications Regulatory Authority of Zimbabwe (POTRAZ) on the.regulator@potraz,gov.zw or call +263 242 333032/46/48.
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