exceptional and only possible in those situations in which there is a public or private
interest that justifies it. Provided that this is the case, ordinary data can be assembled,
but only if it sticks to the general conditions of safeguarding and monitoring
mentioned generally by the Constitution and established by the Personal Data
Protection Act.
2.2.6 Entities Covered
In a general sense, under article 2 of the Personal Data Protection Law the scope
comprises all entities and there is no special regulation in place for different species,
especially public ones. From a broad perspective, General Data Protection Laws are
arguably, at least under the definition of the European model,
88 applicable more
naturally to private entities than public ones, which is totally understandable because
today Big Brother,
89 and the little brothers, can be anyone, not only tech companies,
but small businesses and potentially, any person, anywhere.
90 This, provided that it
is balanced and that it respects the principle of the autonomy of relations between
private entities does not create a constitutional problem in Cape Verde. Not only
because in some cases it establishes that such entities are also directly bound to
respect basic constitutional rights (article 18 of the Constitution), especially when
important fundamental values are at stake—such as dignity or equality—or the
relations are marked by a notable difference in economic and social power or special
levels of subjection, but also because the State has the obligation to assure through
law and executive action the efficacy of those rights in the relations between private
entities according to paragraph 1 of article 15 of the Fundamental Law. Anyhow, the
Constitution specifically mentions in paragraph 3 of article 45 “public authorities
and private entities”.
Due to its nature, constitutional rights operate primarily to constrain public
powers, and fears of state interference in privacy have increased over the years
and are of current concern worldwide, particularly because the “Digital Leviathan”
can regiment the help of communications companies for these purposes. In any
event, what happens is that in the public sector, in addition to its submission to
general privacy laws, it sometimes becomes necessary to adjust the legal regimes
that are applicable, because the interests that legitimate its interference with personal
data can be different to those interests of the private entities. This is why the System
includes the possibility of specific rules being established by special legislation of
the sectors of public safety, national defence and state security (article 2(6)), which
will be dealt ahead on this report, as well as an exception to “processing of personal
data carried out by individuals in the course of purely personal and household
activities” (article 3).
88 As described in the conclusion of the General Report, 5.2.
89 Orwell (1949).
90 Like the contemporary dystopia of Eggers (2013).
92
J. Pina-Delgado
interest that justifies it. Provided that this is the case, ordinary data can be assembled,
but only if it sticks to the general conditions of safeguarding and monitoring
mentioned generally by the Constitution and established by the Personal Data
Protection Act.
2.2.6 Entities Covered
In a general sense, under article 2 of the Personal Data Protection Law the scope
comprises all entities and there is no special regulation in place for different species,
especially public ones. From a broad perspective, General Data Protection Laws are
arguably, at least under the definition of the European model,
88 applicable more
naturally to private entities than public ones, which is totally understandable because
today Big Brother,
89 and the little brothers, can be anyone, not only tech companies,
but small businesses and potentially, any person, anywhere.
90 This, provided that it
is balanced and that it respects the principle of the autonomy of relations between
private entities does not create a constitutional problem in Cape Verde. Not only
because in some cases it establishes that such entities are also directly bound to
respect basic constitutional rights (article 18 of the Constitution), especially when
important fundamental values are at stake—such as dignity or equality—or the
relations are marked by a notable difference in economic and social power or special
levels of subjection, but also because the State has the obligation to assure through
law and executive action the efficacy of those rights in the relations between private
entities according to paragraph 1 of article 15 of the Fundamental Law. Anyhow, the
Constitution specifically mentions in paragraph 3 of article 45 “public authorities
and private entities”.
Due to its nature, constitutional rights operate primarily to constrain public
powers, and fears of state interference in privacy have increased over the years
and are of current concern worldwide, particularly because the “Digital Leviathan”
can regiment the help of communications companies for these purposes. In any
event, what happens is that in the public sector, in addition to its submission to
general privacy laws, it sometimes becomes necessary to adjust the legal regimes
that are applicable, because the interests that legitimate its interference with personal
data can be different to those interests of the private entities. This is why the System
includes the possibility of specific rules being established by special legislation of
the sectors of public safety, national defence and state security (article 2(6)), which
will be dealt ahead on this report, as well as an exception to “processing of personal
data carried out by individuals in the course of purely personal and household
activities” (article 3).
88 As described in the conclusion of the General Report, 5.2.
89 Orwell (1949).
90 Like the contemporary dystopia of Eggers (2013).
92
J. Pina-Delgado