VanuatuData Protection and Privacy Act 2024, comprehensive personal data protection regime
Data Protection and Privacy Act No. 13 of 2024, ss. 2-5 and 8
In force since .
A comprehensive regime rule binding public and private bodies.
- How the hook was established
- express
- What makes it apply
- Market targeting, User location
- Obligation class
- Consent, Disclosure, Security
- Audit expectation
- none
What it requires
- Do not process personal data unless it is processed fairly and transparently for an explicit, specified and legitimate purpose under one of the lawful purposes in section 5, such as the data subject's consent, contract necessity, a legal obligation, the public interest, or a legitimate interest that does not override the data subject's rights.NIST Privacy FrameworkCT.PO-P1
- Process personal data with reasonable and appropriate security measures against unauthorised or unlawful processing and against accidental or unauthorised access, destruction, loss, use, modification or disclosure.NIST Privacy FrameworkPR.DS-P5
- Keep personal data accurate, adequate and proportionate to the purpose, and for no longer than that purpose requires.NIST Privacy FrameworkCT.PO-P2
- Be able to demonstrate evidence of a data subject's consent, present any request for consent clearly and separately from other matters, obtain it for each specific purpose, and let the data subject withdraw it at any time, free of charge.NIST Privacy FrameworkCT.PO-P1
These lines are LexLint's reading of the law's text.
In the frameworks
- NIST Privacy Framework
- CT.PO-P1Policies, processes, and procedures for authorizing data processing (e.g., organizational decisions, individual consent), revoking authorizations, and maintaining authorizations are established and in place.
- CT.PO-P2Policies, processes, and procedures for enabling data review, transfer, sharing or disclosure, alteration, and deletion are established and in place (e.g., to maintain data quality, manage data retention).
- PR.DS-P5Protections against data leaks are implemented.
- NIST CSF 2.0
- PR.DS-01The confidentiality, integrity, and availability of data-at-rest are protected
- FINOS AIGF
- AIR-PREV-007Legal and Contractual Frameworks for AI Systems
- AIR-PREV-008Quality of Service (QoS) and DDoS Prevention for AI Systems
- AIR-PREV-012Role-Based Access Control for AI Data
- AIR-PREV-014Encryption of AI Data at Rest
- AIR-PREV-017AI Firewall Implementation and Management
- AIR-PREV-020MCP Server Security Governance
1 more
- AIR-DET-001AI Data Leakage Prevention and Detection
Our reading of where this law's duties sit in each framework, and in the NIST Privacy Framework, line by line beside each duty above. It never says that running a control meets the law. How we read a framework against the law
What it makes you log
What the log must hold
Consent or opt-out state
Logging duty
Section 8(1) requires a data controller that relies on consent to be able to demonstrate evidence of it, which cannot be done without a kept record of the consent. Sections 2 to 5 and 8 name no log, retention period or audit. Section 2(1)(c) and (d) also reach processing done within Vanuatu and data generated or collected in Vanuatu; those prongs turn on where processing happens or where data arose, so they carry no hook value here. Section 18 (the Deputy Commissioner's power to require documents) and section 31(2)(e) (a regulation-making power over a record of processing operations) sit outside this row.
- Kind
- Implicit
- As of
- Provision
- Section 8(1)
- Trigger
- consent_or_optout
What this law does
Section 2 applies the Act to the processing of personal data in the private and public sectors, wherever the data subject resides, where the processing takes place in Vanuatu, involves data generated or collected in Vanuatu, or targets or monitors a person in Vanuatu, and excludes purely personal or household processing.
Section 4 requires personal data to be processed fairly and transparently, for an explicit, specified and legitimate purpose, adequately and proportionately, accurately, for no longer than necessary, and with reasonable and appropriate security measures against unauthorised or unlawful processing and against accidental or unauthorised access, destruction, loss, use, modification or disclosure.
Section 5 lists the lawful purposes for processing, including the data subject's consent, the performance of a contract, a legal obligation, the public interest, and a legitimate interest that does not override the data subject's rights. Section 8 governs consent: it must be demonstrable, presented clearly and separately from other matters, given for each specific purpose, and withdrawable at any time free of charge.
The Act was assented to on and commenced on , section 32 fixing commencement on the day of publication in the Gazette.
When LexLint raises it
When your app profile says your app processes personal data.
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