• Furthermore, “26.” stipulates that the consent of the individual can be appropriate, when information is transferred to another person or organization: “A
personal information controller should be accountable for complying with measures that give effect to the Principles stated above. When personal information is
to be transferred to another person or organization, whether domestically or
internationally, the personal information controller should obtain the consent of
the individual or exercise due diligence and take reasonable steps to ensure that
the recipient person or organization will protect the information consistently with
these Principles.”
• The consent and/or knowledge of the data subject is/are required, whenever it is
appropriate according to paragraph 7 OECD Privacy Framework. Additionally
the consent is always required, if the personal data should be collected for other
than the predefined purposes, paragraph 9 OECD Privacy Framework, if there is
no legal exception in the Member countries’ law, paragraph 10 OECD Privacy
Framework.
• According to article 23 section 1 ECOWAS, “processing of personal data shall be
considered legitimate where the data subject has given his consent”. However,
section 2 allows for the requirement for consent to be waived when the processing
is necessary, i.e.
– in order to comply with a legal obligation that is binding upon the data
controller;
– for the implementation of a public interest mission or relevant to the exercise
of public authority that is vested in the data controller or the third party to
whom the data is disclosed;
– for the performance of a contract to which the data subject is a party or for the
application of pre-contractual measures adopted at his request;
– for safeguarding the interests or rights and fundamental liberties of the data
subject.
2.3 Limitation and Requirements of Electronic Processing
of Personal Data
The UN Guideline principles shall be applicable
• to all public and private computerized files,
• to manual files (by means of optional extension and subject to appropriate
adjustments).
According to Principle 1 of the guidelines, the processing of personal data may
not be contrary to the purposes and principles of the Charter of the United Nations.
Principle 5 of non-discrimination: Sensitive data should not be compiled if it likely
gives rise to unlawful or arbitrary discrimination, including information on racial or
532
T. Hoeren
personal information controller should be accountable for complying with measures that give effect to the Principles stated above. When personal information is
to be transferred to another person or organization, whether domestically or
internationally, the personal information controller should obtain the consent of
the individual or exercise due diligence and take reasonable steps to ensure that
the recipient person or organization will protect the information consistently with
these Principles.”
• The consent and/or knowledge of the data subject is/are required, whenever it is
appropriate according to paragraph 7 OECD Privacy Framework. Additionally
the consent is always required, if the personal data should be collected for other
than the predefined purposes, paragraph 9 OECD Privacy Framework, if there is
no legal exception in the Member countries’ law, paragraph 10 OECD Privacy
Framework.
• According to article 23 section 1 ECOWAS, “processing of personal data shall be
considered legitimate where the data subject has given his consent”. However,
section 2 allows for the requirement for consent to be waived when the processing
is necessary, i.e.
– in order to comply with a legal obligation that is binding upon the data
controller;
– for the implementation of a public interest mission or relevant to the exercise
of public authority that is vested in the data controller or the third party to
whom the data is disclosed;
– for the performance of a contract to which the data subject is a party or for the
application of pre-contractual measures adopted at his request;
– for safeguarding the interests or rights and fundamental liberties of the data
subject.
2.3 Limitation and Requirements of Electronic Processing
of Personal Data
The UN Guideline principles shall be applicable
• to all public and private computerized files,
• to manual files (by means of optional extension and subject to appropriate
adjustments).
According to Principle 1 of the guidelines, the processing of personal data may
not be contrary to the purposes and principles of the Charter of the United Nations.
Principle 5 of non-discrimination: Sensitive data should not be compiled if it likely
gives rise to unlawful or arbitrary discrimination, including information on racial or
532
T. Hoeren