only body that supervises the data protection processing in Cape Verde.
104 In
general, under paragraph 2 of article 8 and article 10, the Authority has very broad
powers, in particular to supervise and monitor compliance, investigate, deliver
opinions, impose conducts and sanction. Despite this, its decisions can be appealed
to the courts and constitutional remedies exist in order to allow the subjects of data
protection related legal positions to access the ordinary courts and the Constitutional
Court with the aim of protecting them (article 46).
105
2.4 The Self-Regulation Instruments
Article 28 of the Data Protection Act considers that “codes of conduct are intended to
contribute in relation to the characteristics of the different sectors for the proper
implementation of the provisions of the present Law”, attaching to it a complementary role of the Authority in regulation. Under article 29, the impulse to draft codes of
conduct can be promoted by the Authority, which can help elaborate them. The
controllers also have initiative, but, in the last case, they shall submit the draft Codes
of Conduct to the Authority to obtain a declaration of conformity with laws and
applicable regulation on data protection. Though there is a request pending from the
Civil Aviation Authority,
106 to this date there is only a general corporate code of
conduct put in place by controllers and recognised by the Authority. It was promoted
by the Airport Management Company (ASA)
107 and includes a norm on data
protection. Notwithstanding, these are mere references to some norms on data
protection which are far away from creating broad codes of conduct with the aim
of regulating in a particular way a certain field of activity or to strengthen the
protection guaranteed by the general law as existent in other countries.
108
104 Under article 8 of its Law, the National Authority on Data Protection “is the national authority
endowed with the power to supervise and monitor compliance with the laws and regulations in the
area of personal data protection, with strict respect for human rights and the fundamental freedoms
and guarantees enshrined in the Constitution and the law”.
105 See infra Sect. 3.5.
106 Civil Aviation Authority (2016), para. 2.1.4, though it limits itself to mentioning the need to
follow the general law on data protection.
107 National Company on Airports and Air Security (2016), established under its Article 16 a duty to
inform the employee of the objectives, nature and circumstance of its personal data access, a right of
the employee to request a full report on its data and to its preservation.
108 E.g., Hirsch (2011).
Data Protection in the Internet: Cape Verde’s National Report
95
104 In
general, under paragraph 2 of article 8 and article 10, the Authority has very broad
powers, in particular to supervise and monitor compliance, investigate, deliver
opinions, impose conducts and sanction. Despite this, its decisions can be appealed
to the courts and constitutional remedies exist in order to allow the subjects of data
protection related legal positions to access the ordinary courts and the Constitutional
Court with the aim of protecting them (article 46).
105
2.4 The Self-Regulation Instruments
Article 28 of the Data Protection Act considers that “codes of conduct are intended to
contribute in relation to the characteristics of the different sectors for the proper
implementation of the provisions of the present Law”, attaching to it a complementary role of the Authority in regulation. Under article 29, the impulse to draft codes of
conduct can be promoted by the Authority, which can help elaborate them. The
controllers also have initiative, but, in the last case, they shall submit the draft Codes
of Conduct to the Authority to obtain a declaration of conformity with laws and
applicable regulation on data protection. Though there is a request pending from the
Civil Aviation Authority,
106 to this date there is only a general corporate code of
conduct put in place by controllers and recognised by the Authority. It was promoted
by the Airport Management Company (ASA)
107 and includes a norm on data
protection. Notwithstanding, these are mere references to some norms on data
protection which are far away from creating broad codes of conduct with the aim
of regulating in a particular way a certain field of activity or to strengthen the
protection guaranteed by the general law as existent in other countries.
108
104 Under article 8 of its Law, the National Authority on Data Protection “is the national authority
endowed with the power to supervise and monitor compliance with the laws and regulations in the
area of personal data protection, with strict respect for human rights and the fundamental freedoms
and guarantees enshrined in the Constitution and the law”.
105 See infra Sect. 3.5.
106 Civil Aviation Authority (2016), para. 2.1.4, though it limits itself to mentioning the need to
follow the general law on data protection.
107 National Company on Airports and Air Security (2016), established under its Article 16 a duty to
inform the employee of the objectives, nature and circumstance of its personal data access, a right of
the employee to request a full report on its data and to its preservation.
108 E.g., Hirsch (2011).
Data Protection in the Internet: Cape Verde’s National Report
95