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: 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.
6 Remedies and Sanctions
6.1 Remedies for the Breach of Data Protection Rules
Article 12 of CoE Privacy Framework states: “Each Party undertakes to establish
appropriate judicial and non-judicial sanctions and remedies for violations of the
provisions of [the] Convention”.
According to article 15 paragraph 2 c) of CoE Privacy Framework authorities
“shall have powers to issue decisions with respect to violations of the provisions of
[the] Convention and may, in particular, impose administrative sanctions”.
As for the APEC Privacy Framework, there are just recommendations containing
possible remedies; e.g. in the commentary to “14.”: “Hence, remedies for privacy
infringements should be designed to prevent harms resulting from the wrongful
collection or misuse of personal information, and should be proportionate to the
likelihood and severity of any harm threatened by the collection or use of personal
information.”
See also “38.”:
A Member Economy’s system of privacy protections should include an appropriate array of
remedies for privacy protection violations, which could include redress, the ability to stop a
violation from continuing, and other remedies. In determining the range of remedies for
privacy protection violations, a number of factors should be taken into account by a Member
Economy including:
a) the particular system in that Member Economy for providing privacy protections (e.g.,
legislative enforcement powers, which may include rights of individuals to pursue legal
action, industry self-regulation, or a combination of systems); and
b) the importance of having a range of remedies commensurate with the extent of the actual
or potential harm to individuals resulting from such violations.
540
T. Hoeren
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: 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.
6 Remedies and Sanctions
6.1 Remedies for the Breach of Data Protection Rules
Article 12 of CoE Privacy Framework states: “Each Party undertakes to establish
appropriate judicial and non-judicial sanctions and remedies for violations of the
provisions of [the] Convention”.
According to article 15 paragraph 2 c) of CoE Privacy Framework authorities
“shall have powers to issue decisions with respect to violations of the provisions of
[the] Convention and may, in particular, impose administrative sanctions”.
As for the APEC Privacy Framework, there are just recommendations containing
possible remedies; e.g. in the commentary to “14.”: “Hence, remedies for privacy
infringements should be designed to prevent harms resulting from the wrongful
collection or misuse of personal information, and should be proportionate to the
likelihood and severity of any harm threatened by the collection or use of personal
information.”
See also “38.”:
A Member Economy’s system of privacy protections should include an appropriate array of
remedies for privacy protection violations, which could include redress, the ability to stop a
violation from continuing, and other remedies. In determining the range of remedies for
privacy protection violations, a number of factors should be taken into account by a Member
Economy including:
a) the particular system in that Member Economy for providing privacy protections (e.g.,
legislative enforcement powers, which may include rights of individuals to pursue legal
action, industry self-regulation, or a combination of systems); and
b) the importance of having a range of remedies commensurate with the extent of the actual
or potential harm to individuals resulting from such violations.
540
T. Hoeren