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Data Privacy Policy

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Legitimate Grounds

HSE Safety Adviser Consulting CC recognizes the importance of adhering to the legal foundations governing the processing of personal data under the forthcoming Data Privacy Law in Namibia. In accordance with Section 20(3) of the Bill, as a data controller, we acknowledge the necessity of identifying and understanding the legitimate grounds on which we process personal data.

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At HSE Safety Adviser Consulting CC, we may process personal data based on the explicit consent of the data subject. Additionally, lawful processing may occur when it is essential for the execution or fulfillment of a contract to which the data subject is a party. Furthermore, we may process personal data to meet our legal obligations. Legitimate interests, either of the data subject, ourselves as the controller, or a third party to whom the data is provided, can serve as additional lawful bases for processing personal data. Lastly, personal data may be processed for archiving purposes in the public interest or for scientific, historical research, or statistical purposes, all of which are subject to appropriate safeguards ensuring the protection of data subjects' rights and freedoms.

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While the Bill may not have become law yet, HSE Safety Adviser Consulting CC understands the importance of proactively adapting our business processes, systems, and culture to align with the forthcoming processing requirements.

 

Principles of Data Processing

Part 3 of the Bill outlines the obligations of data controllers and processors when handling personal data. At HSE Safety Adviser Consulting CC, we are committed to upholding the following principles:

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  1. Personal data will only be processed lawfully and in a manner that respects the privacy of the data subject (Section 20(1) of the Bill).

  2. Personal data will be processed if it is relevant, adequate, and not excessive (Section 20(2) of the Bill).

  3. Personal data will be collected directly from the data subject, except when specified otherwise (Section 21 of the Bill).

  4. Personal data will be collected for a specific, clearly defined, and lawful purpose related to the functions or activities of HSE Safety Adviser Consulting CC. Any subsequent processing of personal data will be compatible with the original purpose of collection (Section 22 and Section 24 of the Bill).

  5. Personal data will be maintained in a complete, accurate, non-misleading, and updated state as necessary (Section 25 of the Bill).

  6. Records of personal data will not be retained beyond the period necessary for achieving the intended purpose. When no longer authorized to retain a record, we will take steps to destroy, delete, or de-identify the data (Section 23 of the Bill).

  7. We will inform data subjects about the personal data collection, its purpose, voluntariness, consequences of non-provision, and any applicable legal authorization (Section 26 of the Bill).

  8. HSE Safety Adviser Consulting CC will implement reasonable technical and organizational measures to ensure the security, integrity, and confidentiality of personal data in our possession (Section 27 and Section 29 of the Bill).

  9. Any data processor or third party engaged in personal data processing on our behalf will do so only with our knowledge or authorization. Personal data will be treated as confidential and will not be disclosed except when legally required or necessary for their duties. Unauthorized access to personal data will be promptly reported to us (Section 28 of the Bill).

  10. In cases of reasonable suspicion that a data subject's personal data has been accessed or acquired by an unauthorized person, we will notify both the data protection supervisory authority and the data subject (Section 30 of the Bill).

  11. Special categories of personal data, including religious or philosophical beliefs, race or ethnic origin, trade union membership, political persuasion, health or sex life, biometric data, or criminal behavior

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Data Subject Rights

Data subjects have specific rights under the Bill, and HSE Safety Adviser Consulting CC is committed to upholding these rights:

  • The right to withdraw consent (Section 20(5) of the Bill).

  • The right to object to the processing of personal data (Section 20(6) of the Bill).

  • The right of access to personal data (Section 31 of the Bill).

  • The right to rectify personal data (Section 32 of the Bill).

  • The right to lodge a complaint with the Data Protection Supervisory Authority (Section 26(1)(h) of the Bill).

 

Cross-Border Data Transfers

Part 6 of the Bill addresses the transfer of personal data across borders. For HSE Safety Adviser Consulting CC to lawfully transfer personal data from Namibia to a third party in a foreign country, we must rely on one of the following lawful bases:

  • When the recipient is subject to a law, Binding Corporate Rules (BCRs), or binding agreements that ensure an adequate level of protection, in line with principles for reasonable processing of personal data substantially similar to the conditions for lawful processing of personal data. These provisions should also align with Section 53 of the Bill when the recipient further transfers the data to another foreign country (Section 53(1)(a) of the Bill).

  • When the data subject consents to the transfer (Section 53(1)(b) of the Bill).

  • When the transfer is necessary for the performance of a contract between the data subject and HSE Safety Adviser Consulting CC, or for pre-contractual measures taken in response to a data subject's request (Section 53(1)(c) of the Bill).

  • When the transfer is necessary for the fulfillment of a contract that serves the data subject's interests, involving HSE Safety Adviser Consulting CC, the data processor, or a third party (Section 53(1)(d) of the Bill).

  • When the transfer benefits the data subject, and obtaining their consent is not reasonably practical. In such cases, the data subject would be likely to give consent if it were reasonably practicable to obtain it (Section 53(1)(e) of the Bill).

 

HSE Safety Adviser Consulting CC is dedicated to ensuring the privacy and security of personal data, and we will adhere to these principles and requirements as outlined in the forthcoming Data Privacy Law in Namibia.

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