5.2 A General Assessment
Cape Verde’s basic approach is largely determined by the fact that its legislation is
inspired by the former European Union Data Protection Directive and the way it was
received by Portuguese Law, legal system that has influenced the greatest part of the
most relevant legislation of the country. The approach is also determined by the fact
that its economy and international cooperation is closer to Europe than the United
States. Hence, it is not surprising that the data protection system that it has adopted
and is developing is clearly a projection of the Union Model.
Despite this, the system also has integrated influences from other sources, namely
the procedure of Habeas Data from Latin America, which can conduct to another
paradigm, but that in my opinion can also be harmonised with the European model of
data protection, because they are not mutually exclusive. It is also important to stress
that in reality some influences of American constitutional law can be observed,
namely in the field of exclusion of evidence and of protection of expression, speech
and the press, in situations of collision with privacy.
In the near future, decision-makers and important operators in the field of data
protection have already signalled the continuing development of the system
according to the parallel development of the European Data Protection System
150
—which is positive for the abovementioned economic reasons—but it is
possible that some adjustments will be made in order to accommodate them with the
elements imported from other constitutional traditions (the United States and Latin
American) and to the local customs, traditions and attitudes natural to small,
archipelagic and créoule societies, allowing application of the law to move in its
own direction.
151
References
Abdulrauf LA, Fombad CM (2016) The African Union’s data protection Convention 2014: a
possible cause for celebration of human rights in Africa? J Media Law 8(1):67–97
Almeida GC (2004) Subsídios em Torno dos Direitos de Cidadania na Sociedade de Informação.
Direito e Cidadania 19:229–268
Almeida GC (2010) Direito do Trabalho Cabo-Verdiano. ISCJS, Praia
Arendt H (1968) Men in dark times. Harcourt Brace, Orlando
Baker B (2006) Cape Verde: the most democratic nation in Africa? J Mod Afr Stud 44(4):493–511
Baker B (2009a) Africa’s secret story of success: Cape Verde. Br Acad Rev 11:43–45
Baker B (2009b) Cape Verde: marketing good governance. Afr Spectr 44(2):135–147
Bartlett J (2018) The people vs the tech. How the internet is killing democracy (and how can we
save it). Ebury, London
150 See the Interview of Faustino Monteiro, Chairman of the National Authority, in Expresso das
Ilhas, n
821, 23.08.2017, 17.
151 See Bygrave (2010), p. 195.
Data Protection in the Internet: Cape Verde’s National Report
111
Cape Verde’s basic approach is largely determined by the fact that its legislation is
inspired by the former European Union Data Protection Directive and the way it was
received by Portuguese Law, legal system that has influenced the greatest part of the
most relevant legislation of the country. The approach is also determined by the fact
that its economy and international cooperation is closer to Europe than the United
States. Hence, it is not surprising that the data protection system that it has adopted
and is developing is clearly a projection of the Union Model.
Despite this, the system also has integrated influences from other sources, namely
the procedure of Habeas Data from Latin America, which can conduct to another
paradigm, but that in my opinion can also be harmonised with the European model of
data protection, because they are not mutually exclusive. It is also important to stress
that in reality some influences of American constitutional law can be observed,
namely in the field of exclusion of evidence and of protection of expression, speech
and the press, in situations of collision with privacy.
In the near future, decision-makers and important operators in the field of data
protection have already signalled the continuing development of the system
according to the parallel development of the European Data Protection System
150
—which is positive for the abovementioned economic reasons—but it is
possible that some adjustments will be made in order to accommodate them with the
elements imported from other constitutional traditions (the United States and Latin
American) and to the local customs, traditions and attitudes natural to small,
archipelagic and créoule societies, allowing application of the law to move in its
own direction.
151
References
Abdulrauf LA, Fombad CM (2016) The African Union’s data protection Convention 2014: a
possible cause for celebration of human rights in Africa? J Media Law 8(1):67–97
Almeida GC (2004) Subsídios em Torno dos Direitos de Cidadania na Sociedade de Informação.
Direito e Cidadania 19:229–268
Almeida GC (2010) Direito do Trabalho Cabo-Verdiano. ISCJS, Praia
Arendt H (1968) Men in dark times. Harcourt Brace, Orlando
Baker B (2006) Cape Verde: the most democratic nation in Africa? J Mod Afr Stud 44(4):493–511
Baker B (2009a) Africa’s secret story of success: Cape Verde. Br Acad Rev 11:43–45
Baker B (2009b) Cape Verde: marketing good governance. Afr Spectr 44(2):135–147
Bartlett J (2018) The people vs the tech. How the internet is killing democracy (and how can we
save it). Ebury, London
150 See the Interview of Faustino Monteiro, Chairman of the National Authority, in Expresso das
Ilhas, n
821, 23.08.2017, 17.
151 See Bygrave (2010), p. 195.
Data Protection in the Internet: Cape Verde’s National Report
111