Since then the Service, besides the slow start and critics of absence of efficacy
138
or maybe for those reasons, is keeping itself out of the public eye without generating
any polemic, despite the fact that it is authorised to gather information for security
purposes under the Republic’s Information System Act of 2005
139 and related
legislation and regulations, namely concerning its Data Centre
140
—responsible for
the processing, treatment and storage of information and data—and from the Professional Statute of its Directors and agents.
141
The Armed Forces also have an intelligence service, but its intervention in the
gathering of information and data processing is rather loosely regulated by the
Republic’s Information System Act of 2005 (article 17). Nevertheless, it has been
developed by the Armed Forces Organizational Decree (article 14),
142 and related
legislation (Regulation on Armed Forces Organization article 12)
143 so that the
scope of its activities is limited only to military information related to the missions
that are constitutionally reserved for the Armed Forces (article 247 of the Constitution) and so that it is subject to the Minister of National Defence, through the Chief
of Staff, oversight (article 18).
On the one hand, despite its sponsor in the Parliament that assured concerned
members of the opposition that it would not have powers in order to intercept and
monitor communication,
144 the scope and the wording of the Law is potentially very
broad and permissive in the case of the Republic’s Information Service. This is
especially because the law is not sufficiently clear on the limits and requirements of
collection of information and data, as long as it respects an activity that “threatens or
may threaten the security of the State and the permanent survival of the Democratic
State and the Rule of Law constitutionally established or any other fundamental
interest of the country as defined by the Council on National Security” (article 9 a));
activities mentioned by the law cover matters of national defence in the classic
meaning of the word, but also other non-conventional threats. On the other hand, the
Law determines that such activities of data collection cannot violate basic rights as
defined by the Constitution and applicable ordinary legislation (article 4) and are
subject specifically to the ones related to privacy and data protection. Be this as it
138 The abovementioned newspaper’s piece in 2015 reported that the Service only started operating
in 2009 and that its production of valuable information was close to zero (‘Serviços de Informação
da República. Ninguém fala, é segredo’).
139 Law No. 70/VI/2005, of 27 June, on the Republic’s Information System, published by the
Republic’s Official Gazette [Boletim Oficial], I Série, n. 26, 27.06.2005, pp. 768 and seq.
140 Law-Decree No 29/2016, of 16 April, published by the Republic’s Official Gazette [Boletim
Oficial], I Série, n. 28, 16.04.2016, pp. 1016–1026.
141 Minister’s Council Resolution No 36/2009, of 14 December, published by the Republic’s
Official Gazette [Boletim Oficial], I Série, n. 47, 14.12.2009, pp. 1062–1065.
142 Law-Decree No 30/2007, of 20 August, published by the Republic’s Official Gazette [Boletim
Oficial], I Série, n. 31, 20.08.2007, pp. 567–573.
143 Regulatory-Decree No 6/2009, of 26 January, published by the Republic’s Official Gazette
[Boletim Oficial], I Série, n. 4, 26.01.2009, pp. 76–81.
144 See Parliamentary Records, 30.03.2005, 260.
Data Protection in the Internet: Cape Verde’s National Report
103
138
or maybe for those reasons, is keeping itself out of the public eye without generating
any polemic, despite the fact that it is authorised to gather information for security
purposes under the Republic’s Information System Act of 2005
139 and related
legislation and regulations, namely concerning its Data Centre
140
—responsible for
the processing, treatment and storage of information and data—and from the Professional Statute of its Directors and agents.
141
The Armed Forces also have an intelligence service, but its intervention in the
gathering of information and data processing is rather loosely regulated by the
Republic’s Information System Act of 2005 (article 17). Nevertheless, it has been
developed by the Armed Forces Organizational Decree (article 14),
142 and related
legislation (Regulation on Armed Forces Organization article 12)
143 so that the
scope of its activities is limited only to military information related to the missions
that are constitutionally reserved for the Armed Forces (article 247 of the Constitution) and so that it is subject to the Minister of National Defence, through the Chief
of Staff, oversight (article 18).
On the one hand, despite its sponsor in the Parliament that assured concerned
members of the opposition that it would not have powers in order to intercept and
monitor communication,
144 the scope and the wording of the Law is potentially very
broad and permissive in the case of the Republic’s Information Service. This is
especially because the law is not sufficiently clear on the limits and requirements of
collection of information and data, as long as it respects an activity that “threatens or
may threaten the security of the State and the permanent survival of the Democratic
State and the Rule of Law constitutionally established or any other fundamental
interest of the country as defined by the Council on National Security” (article 9 a));
activities mentioned by the law cover matters of national defence in the classic
meaning of the word, but also other non-conventional threats. On the other hand, the
Law determines that such activities of data collection cannot violate basic rights as
defined by the Constitution and applicable ordinary legislation (article 4) and are
subject specifically to the ones related to privacy and data protection. Be this as it
138 The abovementioned newspaper’s piece in 2015 reported that the Service only started operating
in 2009 and that its production of valuable information was close to zero (‘Serviços de Informação
da República. Ninguém fala, é segredo’).
139 Law No. 70/VI/2005, of 27 June, on the Republic’s Information System, published by the
Republic’s Official Gazette [Boletim Oficial], I Série, n. 26, 27.06.2005, pp. 768 and seq.
140 Law-Decree No 29/2016, of 16 April, published by the Republic’s Official Gazette [Boletim
Oficial], I Série, n. 28, 16.04.2016, pp. 1016–1026.
141 Minister’s Council Resolution No 36/2009, of 14 December, published by the Republic’s
Official Gazette [Boletim Oficial], I Série, n. 47, 14.12.2009, pp. 1062–1065.
142 Law-Decree No 30/2007, of 20 August, published by the Republic’s Official Gazette [Boletim
Oficial], I Série, n. 31, 20.08.2007, pp. 567–573.
143 Regulatory-Decree No 6/2009, of 26 January, published by the Republic’s Official Gazette
[Boletim Oficial], I Série, n. 4, 26.01.2009, pp. 76–81.
144 See Parliamentary Records, 30.03.2005, 260.
Data Protection in the Internet: Cape Verde’s National Report
103