Data Protection in Botswana

Data protection officers in Botswana

A data controller has the option to appoint a data protection representative who holds the requisite qualifications, their role being to independently ensure that personal data is processed in a correct and lawful manner, and in accordance with good practice.

The data protection representative is responsible for keeping a list of the processing carried out and the list should be immediately accessible to any person applying for access. Upon identifying any inadequacies, the data protection representative should bring such inadequacies to the attention of the data controller and assist in ensuring that the data subject’s rights under the DPA are protected.

Where a data protection representative has been appointed, the notification to the Commissioner regarding wholly or partially automated processing operations is not required.

If a data protection representative has reason to suspect that the data controller is contravening the rules applicable for processing personal data, and if rectification is not implemented as soon as practicable after the contravention is pointed out, the data protection representative must then notify the Commissioner.

The appointment and removal of a data protection representative must be notified to the Commissioner.

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