The ECOWAS Privacy Framework includes provisions for sanctions and appeal:
Article 20: Sanctions
Where the data processor does not conform with the formal notice addressed to him, the
protection Authority may, after procedures inter partes, take the following sanctions against
him:
1) provisional withdrawal of the authorization granted;
2) definitive withdrawal of the authorization; and
3) a fine.
Article 21: Appeal
The sanctions and decisions of the Data Protection Authority may be subject to appeal.
6.2 General Personal Data Protection Rules
The Guidelines for the Regulation of Computerized Personal Data Files are not
legally binding and need to be seen as advisory principles stating minimum guarantees every state should provide.
33
The OECD Guidelines are neither binding and are as well rather seen as a
minimum standard of data protection legislation.
34 In addition, they do not provide
enforcement mechanisms such as remedies or sanctions.
35
7 Private International Law Rules
7.1 Territorial Scope
The right of privacy in article 12 of the Universal Declaration of Human Rights
(UDHR) is technically seen a resolution of the General Assembly. Still, in the
meantime the Declaration has acquired the status of customary international law.
36
In article 3 of the ECOWAS Privacy Framework it is written that the processing
carried out in an UEMOA or ECOWAS Member State shall be subject to the
Supplementary Act.
33 Burkert (2003), p. 100.
34 Corley (2016), p. 761.
35 Corley (2016), p’. 762.
36 See United Nations, http://www.un.org/en/sections/universal-declaration/foundation-interna
tional-human-rights-law/index.html.
UN Regulations
541
Article 20: Sanctions
Where the data processor does not conform with the formal notice addressed to him, the
protection Authority may, after procedures inter partes, take the following sanctions against
him:
1) provisional withdrawal of the authorization granted;
2) definitive withdrawal of the authorization; and
3) a fine.
Article 21: Appeal
The sanctions and decisions of the Data Protection Authority may be subject to appeal.
6.2 General Personal Data Protection Rules
The Guidelines for the Regulation of Computerized Personal Data Files are not
legally binding and need to be seen as advisory principles stating minimum guarantees every state should provide.
33
The OECD Guidelines are neither binding and are as well rather seen as a
minimum standard of data protection legislation.
34 In addition, they do not provide
enforcement mechanisms such as remedies or sanctions.
35
7 Private International Law Rules
7.1 Territorial Scope
The right of privacy in article 12 of the Universal Declaration of Human Rights
(UDHR) is technically seen a resolution of the General Assembly. Still, in the
meantime the Declaration has acquired the status of customary international law.
36
In article 3 of the ECOWAS Privacy Framework it is written that the processing
carried out in an UEMOA or ECOWAS Member State shall be subject to the
Supplementary Act.
33 Burkert (2003), p. 100.
34 Corley (2016), p. 761.
35 Corley (2016), p’. 762.
36 See United Nations, http://www.un.org/en/sections/universal-declaration/foundation-interna
tional-human-rights-law/index.html.
UN Regulations
541