2) The purpose(s) for which the data is intended to be processed, as well as general
description of its functions;
3) The expected combinations or other forms of linkage with other processes;
4) The type of personal data processed, its origin, and the categories of data subjects
covered by the processing;
5) The period of preservation of the processed data;
6) The office(s) responsible for executing the processing, as well as the categories of
persons who, by virtue of their functions or for service requirements, have direct access
to the recorded data;
7) The recipients to whom such data may be disclosed;
8) The function of the person or department to whom application shall be made for right of
access;
9) The steps taken to ensure the security of the processing and of the data;
10) An indication that the data is processed by a data professor;
11) Where personal data is expected to be transferred to third countries that are not members
of ECOWAS or UEMOA, subject to reciprocity.
Article 8 ECOWAS Privacy Framework: Deadline:
The data protection Authority shall give its opinion within a set period of time starting from
the date of receipt of the request for opinion or authorization. Nevertheless, this period of
time may or may not be extended, on the basis of a reasoned decision of the data protection
Authority.
5 Data Protection and Electronic Surveillance for Security
and Defence Purposes
5.1 Legislation and Case Law Regarding Security
and National Defence Purposes
According to article 11 of the CoE Privacy Framework,
no exception to the provisions set out in this Chapter [Chapter II: articles 4-13] shall be
allowed except to the provisions of Article 5 paragraph 4 [data quality], Article 7 paragraph
2 [data security], Article 8 paragraph 1 [transparency of processing] and Article 9 [Rights of
the data subject], when such an exception is provided by law, respects the essence of the
fundamental rights and freedoms and constitutes a necessary and proportionate measure in a
democratic society for:
a. the protection of national security, defense, public safety, [. . .]; (. . .)
3. In addition to the exceptions allowed for in paragraph 1 (. . .), with reference to processing
activities for national security and defense purposes, each Party may provide, by law and
only to the extent that it constitutes a necessary and proportionate measure in a democratic
society to fulfill such aim, exceptions to Article 4 paragraph 3 [evaluation process], Article
14 paragraph 5 and 6, and Article 15 paragraph 2, litterae a, b, c and d.
This is without prejudice to the requirement that processing activities for national security
and defense purposes are subject to independent and effective review and supervision under
the domestic legislation of the respective Party.
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T. Hoeren
description of its functions;
3) The expected combinations or other forms of linkage with other processes;
4) The type of personal data processed, its origin, and the categories of data subjects
covered by the processing;
5) The period of preservation of the processed data;
6) The office(s) responsible for executing the processing, as well as the categories of
persons who, by virtue of their functions or for service requirements, have direct access
to the recorded data;
7) The recipients to whom such data may be disclosed;
8) The function of the person or department to whom application shall be made for right of
access;
9) The steps taken to ensure the security of the processing and of the data;
10) An indication that the data is processed by a data professor;
11) Where personal data is expected to be transferred to third countries that are not members
of ECOWAS or UEMOA, subject to reciprocity.
Article 8 ECOWAS Privacy Framework: Deadline:
The data protection Authority shall give its opinion within a set period of time starting from
the date of receipt of the request for opinion or authorization. Nevertheless, this period of
time may or may not be extended, on the basis of a reasoned decision of the data protection
Authority.
5 Data Protection and Electronic Surveillance for Security
and Defence Purposes
5.1 Legislation and Case Law Regarding Security
and National Defence Purposes
According to article 11 of the CoE Privacy Framework,
no exception to the provisions set out in this Chapter [Chapter II: articles 4-13] shall be
allowed except to the provisions of Article 5 paragraph 4 [data quality], Article 7 paragraph
2 [data security], Article 8 paragraph 1 [transparency of processing] and Article 9 [Rights of
the data subject], when such an exception is provided by law, respects the essence of the
fundamental rights and freedoms and constitutes a necessary and proportionate measure in a
democratic society for:
a. the protection of national security, defense, public safety, [. . .]; (. . .)
3. In addition to the exceptions allowed for in paragraph 1 (. . .), with reference to processing
activities for national security and defense purposes, each Party may provide, by law and
only to the extent that it constitutes a necessary and proportionate measure in a democratic
society to fulfill such aim, exceptions to Article 4 paragraph 3 [evaluation process], Article
14 paragraph 5 and 6, and Article 15 paragraph 2, litterae a, b, c and d.
This is without prejudice to the requirement that processing activities for national security
and defense purposes are subject to independent and effective review and supervision under
the domestic legislation of the respective Party.
538
T. Hoeren