ECOWAS
• There is a data protection authority which “shall be an independent administrative
authority responsible for ensuring that personal data is processed in compliance
with the provisions of this Supplementary Act.”, article 1: Definitions.
• “Within the ECOWAS space, each Member State shall establish its own data
protection Authority. Any State that does not have [an institutional framework for
the protection of personal data] shall be encouraged to establish one”, article
14 section 1.
• “The data protection Authority shall be an independent administrative Authority
responsible for ensuring that personal data is processed in compliance with the
provisions of this Supplementary Act.”, article 14 section 2.
The OECD Privacy Framework does not specify a supervising or controlling
unity. The member countries should implement the guidelines by ensuring privacy
enforcement authorities with the necessary means for an effective control of data
protection, paragraph 19 c) OECD Privacy Framework.
A supervising or controlling can be identified with regard to article 15 of the CoE
Privacy Framework.
It demands that “[e]ach Party shall provide for one or more authorities to be
responsible for ensuring compliance with the provisions of this Convention”.
1.3.1 Supervisory Bodies
The UNHRC is a subsidiary body of the United Nations General Assembly.
24 It was
established by adopting the resolution A/RES/60/251 in 2006 to replace the previous
United Nations Commission on Human Rights (UNCHR). Subordinate entities like
the Universal Periodic Review, the Advisory Committee, the Complaints Procedure
and other subsidiary bodies report directly to the UNHRC. The Complaints Procedure is made up by the Working Group on Communications (WGC) and the
Working Group on Situations (WGS).
25
In 7.1 the UNHCR Policy states that “UNHCR’s accountability and supervision
structure referred to in Part 2.9 will consist of the following key actors:
• A Data Protection Officer within the Division of International Protection at
UNHCR Headquarters,
• Data controllers in each country office/operation, and
• Data protection focal points in country offices/operations”.
26
24 See United Nations, http://www.un.org/en/ga/about/subsidiary/councils.shtml.
25 See United Nations, http://www.ohchr.org/EN/HRBodies/HRC/ComplaintProcedure/Pages/
HRCComplaintProcedureIndex.aspx.
26 UNHCR Policy, p. 41.
UN Regulations
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