1. DefinitionThis policy covers the handling of customer’s personal information which includes any piece of information, which is personal to the customer and not in the public domain, which can be used to uniquely identify, contact or locate the customer.
2. Officers ResponsibleAll TNM staff members, whether permanent or temporary including contractors must ensure they comply with the requirements of this policy. This is a legal and professional obligation. Every TNM employee shall have notice of this policy and should read and understand the contents for implementation.
3. The Principle3.1 TNM’s Confidentiality Policy shall ensure that the privacy of those in contact with TNM is maintained and that their rights are protected. TNM is committed to maintaining high standards of confidentiality in all aspects of its work. This includes records and information pertaining to any third party suppliers that TNM works with, customers and prospective clients (herein after called ‘customers’).
3.2 TNM recognizes that all individuals have a right to privacy and the company shall remain bound by the Constitution of the Republic of Malawi and its tenets to uphold the right to freedom of privacy at all times.
4. ComplianceThis policy has been written to meet the requirements of Clause 37 of TNM’s Operating Licence and Section 21(1) (c) of the Republican Constitution.
5. Purpose5.1 The policy outlines TNM’s approach to data privacy and privileged communication on customer’s personal information processed through its network to achieve fair and lawful handling of such data for protection from abuse by its employees or third parties.
5.2 The document summarizes the rights of customers with regard to access to information and their entitlement to confidentiality. It clarifies circumstances in which personal information may be disclosed and the manner in which that disclosure shall be made. The policy will provide guidelines on maintaining confidentiality and the circumstances where disclosures may be necessary and the procedure for doing so.
6. Practice6.1 TNM recognises the following
6.1.1That customers have the right to expect that TNM shall keep their personal data and details of communication private unless called to reveal the same by a lawful order of the court or Authority.
6.1.2The customer reserves the right to access personal information that the company holds on them provided the customer adheres to lawful procedures to gain such access.
6.1.3It shall be the responsibility of TNM employees to maintain confidentiality of customer data collected or communication processed through the network at all times.
6.1.4The duty of confidence maybe legally enforced by the customer before any competent court in Malawi in case of breach by TNM.
6.2Exceptions to the duty to maintain confidence.
6.2.1 Where TNM becomes aware of clear evidence of fraud by the Customer using te TNM number.
6.2.2 Where TNM has been called to comply with a lawful order of a competent court.
6.2.3 To enable TNM pursue the customer for debt collection or any related dispute which requires the customer’s details. 6.2.4 For technical purposes to fix network problems where the customer has raised a complaint on network quality or service availability.
6.2.5 Where it is essential to enable the company carry out its duties such as to send notifications on network performance or general notices required for TNM to carry out its obligations.
7. ProcedureOn receipt of any request or court order to reveal a customer’s confidential information, the TNM staff member shall:-
7.1 Confirm the identity, details and authority of the person requesting the information and record the details in a specifically allocated register.
7.2 Any court order shall first be received and be acknowledged by the Legal Department in accordance with the Court Orders Policy for onward transmission to the relevant department.
7.3 Verify whether requested information can be provided within the ambit of TNM’s operations without unduly disturbing the system or duties of other departments within the company. If in doubt, the employee shall promptly contact the immediate Supervisor and instruct the Customer/enquirer to come/call back.
7.4 Ensure to record name, date and reason for information, recipient’s name, title, organization for posterity.
8. Consequences of Breach8.1 Any employee who becomes aware of a breach of confidentiality shall promptly report the same to the immediate Manager for appropriate action. The matter may be escalated to the Managing Executive, Legal and Regulatory for advice, action or further escalation to the CEO.
8.2 Disclosure of confidential information shall require written authorisation by the individual concerned or a valid court document. This document shall be dated and specify to whom disclosure is authorised.
8.3 Breach by any TNM employee of the terms of this policy shall be a serious offence which shall attract summary dismissal.
9. Policy Review and Application9.1 A review of the effectiveness of this policy shall be undertaken by the Head of Legal Services every year end and submit findings of the review to the CEO through the Managing Executive, Legal and Regulatory.
9.2 It is the responsibility of all Managers to ensure successful and efficient implement of this policy.