[kictanet] Day 3: Personal Data Protection

[Grace Githaiga]

Good morning Listers
Today, we move onto PART II: PERSONAL DATA PROTECTION and
will tackle four questions.


Objectives of this Convention with respect to personal data

 Article II – 2:

Each Member State of the African Union shall put in place a
legal framework with a view to establishing a mechanism to combat breaches of
private life likely to arise from the gathering, processing, transmission,
storage and use of personal data.

The mechanism so established shall ensure that any data
processing, in whatsoever form, respects the freedoms and fundamental rights of
physical persons while recognizing the prerogatives of the State, the rights of
local communities and the target for which the businesses were established.


Question: What is the
relevance of this article? What
are these state prerogatives? And given the increased interest of state
surveillance, how can states balance respect of FOE while recognising state
prerogatives? 


Article II-6, II-7, 11-8, II-11, II-12, II-13 refer to a
Protection Authority which is
meant to establish standards for data protection. Article II – 14 provides for each Member
State of the African Union to establish an authority with responsibility to
protect personal data.  It shall
be an independent administrative authority with the task of ensuring that the
processing of personal data is conducted in accordance with domestic
legislations.

Further,  article II-17 states that ‘Sworn agents may be invited to
participate in audit missions in accordance with extant provisions in Member
States of the African Union’.


Question: Considering
that this article seems to be tied to the Protection Authority, what is its
relevance? And who is a ‘sworn agent?’ What
should this authority look like in terms of its composition? 


Article II – 20:

…Members of the protection authority shall not receive
instructions from any authority in the exercise of their functions. 

Article II – 21:

Member States are engaged to provide the national
protection authority human, technical and financial resources necessary to
accomplish their mission.


Question: It appears that this Data Protection Authority is envisaged
to be fully government supported. Therefore, should we be talking of its
independence? In what way should this article be framed so that it ensures
independence of the Authority?


Article II – 28 to II-34 outlines
six principles governing the processing of personal data namely:

Consent and of legitimacy,

Honesty,

Objective, relevance and conservation of processed personal
data,

 Accuracy,

Transparency and

 Confidentiality and security of personal data.

Under each of the specific principles, detailed explanation
of how each should be undertaken is offered.


Question: Is this
explanation and detailing of how to undertake each necessary in an international (regional) law
necessary or needed? Is this
legislation overkill?
Lets get your views on data protection concerns.
RgdsGG
 		 	   		  
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