Under this Act, the same body created by the Data Protection Act, a Parliamentary Supervising Commission, never installed, and an Independent Authority
established by the Cabinet, had both sanctioning powers, and the latter regulatory
powers.
118 In 2006, Cape Verde created an independent administrative agency for
communications with a regulatory nature, called ANAC (National Authority on
Communications),
119 with some residual powers in this domain, in particular to
impose fines on telecommunication companies that violated duties related to data
protection and privacy. This administrative agency was subsequently merged with
the Agency on Economic Regulation creating a Multisectorial Regulatory Agency,
which received all the powers it held.
120
3.3 Data Protection and Digital Forensics
There were scarce references in the legislation that—though not specific—could be
applied to digital forensics, especially in the evidence domain. Previously, in the
Criminal Procedure Code of 2004
121 (as amended by a law of 2015),
122 there was
nothing specifically designed with that objective, though some general rules applied
to electronic mail (article 255 (1)). However, a recent act introduced a more
comprehensive regulation on the collection of evidence in the cyber world. The
Cybercrime Act (and Digital Evidence) of 2017 contains the legal framework for the
collection of evidence by electronic means. Nonetheless, according to its article
20 (4) and to the Constitutional Court
123 many norms on interception and recording
of communication of the Criminal Procedure Code are still applicable.
124
The above-mentioned special act provides for a very large umbrella, under which
fall cyber crimes described by the law, crimes committed by means of a computer
system or any crime “when it is necessary to collect evidence in electronic form”
118 Parliamentary Records, 30.11.2000.
119 Law-Decree No 31/2006, of 19 June, published by the Republic’s Official Gazette [Boletim
Oficial], I Serie, n. 17, 19.06.2006, pp. 436–456, subsequently amendment by the Law-Decree No
33/2015, of 4 June, published by the Republic’s Official Gazette [Boletim Oficial], I Serie, n. 34,
4.06.2015, pp. 1078–1091.
120 Law-Decree No 50/2018, of 20 September, published by the Republic’s Official Gazette
[Boletim Oficial], I Serie, n. 60, 20.09.2018, pp. 1544–1557.
121 Approved by the Legislative-Decree No 2/2005, of 7 February, published by the Republic’s
Official Gazette [Boletim Oficial], I Serie, n. 6, Sup., 7.02.2005, pp. 2–87; for background, Fonseca
(2003), pp. 114–115; for general presentation, Patrício (2009), pp. 240–241, and, with a critical
analysis, Leite (2009), pp. 9–48.
122 Legislative-Decree No 5/2015, of 11 November, published by the Republic’s Official Gazette
[Boletim Oficial], I Serie, n. 69, 11.11.2015, pp. 2247–2341.
123 Ruling No 27/2018, of 20 December, Judy Ike Hills v. Supreme Court of Justice, Constitutional
Court, J. Pina Delgado (rap.), II, para. 8.
124 For comments, Fonseca (2009).
Data Protection in the Internet: Cape Verde’s National Report
99
established by the Cabinet, had both sanctioning powers, and the latter regulatory
powers.
118 In 2006, Cape Verde created an independent administrative agency for
communications with a regulatory nature, called ANAC (National Authority on
Communications),
119 with some residual powers in this domain, in particular to
impose fines on telecommunication companies that violated duties related to data
protection and privacy. This administrative agency was subsequently merged with
the Agency on Economic Regulation creating a Multisectorial Regulatory Agency,
which received all the powers it held.
120
3.3 Data Protection and Digital Forensics
There were scarce references in the legislation that—though not specific—could be
applied to digital forensics, especially in the evidence domain. Previously, in the
Criminal Procedure Code of 2004
121 (as amended by a law of 2015),
122 there was
nothing specifically designed with that objective, though some general rules applied
to electronic mail (article 255 (1)). However, a recent act introduced a more
comprehensive regulation on the collection of evidence in the cyber world. The
Cybercrime Act (and Digital Evidence) of 2017 contains the legal framework for the
collection of evidence by electronic means. Nonetheless, according to its article
20 (4) and to the Constitutional Court
123 many norms on interception and recording
of communication of the Criminal Procedure Code are still applicable.
124
The above-mentioned special act provides for a very large umbrella, under which
fall cyber crimes described by the law, crimes committed by means of a computer
system or any crime “when it is necessary to collect evidence in electronic form”
118 Parliamentary Records, 30.11.2000.
119 Law-Decree No 31/2006, of 19 June, published by the Republic’s Official Gazette [Boletim
Oficial], I Serie, n. 17, 19.06.2006, pp. 436–456, subsequently amendment by the Law-Decree No
33/2015, of 4 June, published by the Republic’s Official Gazette [Boletim Oficial], I Serie, n. 34,
4.06.2015, pp. 1078–1091.
120 Law-Decree No 50/2018, of 20 September, published by the Republic’s Official Gazette
[Boletim Oficial], I Serie, n. 60, 20.09.2018, pp. 1544–1557.
121 Approved by the Legislative-Decree No 2/2005, of 7 February, published by the Republic’s
Official Gazette [Boletim Oficial], I Serie, n. 6, Sup., 7.02.2005, pp. 2–87; for background, Fonseca
(2003), pp. 114–115; for general presentation, Patrício (2009), pp. 240–241, and, with a critical
analysis, Leite (2009), pp. 9–48.
122 Legislative-Decree No 5/2015, of 11 November, published by the Republic’s Official Gazette
[Boletim Oficial], I Serie, n. 69, 11.11.2015, pp. 2247–2341.
123 Ruling No 27/2018, of 20 December, Judy Ike Hills v. Supreme Court of Justice, Constitutional
Court, J. Pina Delgado (rap.), II, para. 8.
124 For comments, Fonseca (2009).
Data Protection in the Internet: Cape Verde’s National Report
99