Data Protection in the Internet: Cape
Verde’s National Report
José Pina-Delgado
1 Introduction
1.1 Organisation of the Report
Despite being the first African state to have a General Law on Data Protection
1
—
largely borrowed, as duly recognised by its promoters,
2 from the Portuguese Data
Protection Act of 1998,
3 which, in turn, implemented the European Union Data
Protection Directive of 1995
4
—Cape Verde is in the process of developing a broad
and robust system of personal data protection. Though enacted in 2001, the Cape
Verdean Law, in the majority of cases, was not really in action,
5 but only represented
J. Pina-Delgado (*)
Instituto Superior de Ciências Jurídicas & Sociais of Praia, Praia, Cape Verde
Constitutional Court of the Republic of Cape Verde, Praia, Cape Verde
e-mail: jose.p.delgado@tconstitucional.cv
1 See Makulilo (2012), p. 163.
2 The Minister of Justice that presented the draft legislation on behalf of the Executive in the
Parliament mentioned the 1995 Directive and a model law for Latin American Countries (Parliamentary Records (2000), 30.11.2000 (audio version) (on file with author)).
3 See Law No 67/98, of 6 October, published in the Portuguese Official Gazette, Diário da
República, I Série A, n. 247, 26.10.1998, and, for general comments, Sarmento e Costa (2005),
Pinheiro (2015), and, in English, Oliveira e Costa (2012).
4 See Directive 95/46/EC of the European Parliament and of the Council on the Protection of
Individuals with Regard to the Processing of Personal data and on the Free Movement of such
Data, Official Journal of the European Communities, No L 281/31, 23.11.1995.
5 When Parliament discussed amendments to the Law this was duly acknowledged by their sponsors
and other members of Parliament (Parliamentary Records (audio), 27.07.2013 (Afternoon Period)
(on file with author)).
© Springer Nature Switzerland AG 2020
D. Moura Vicente, S. de Vasconcelos Casimiro (eds.), Data Protection in the
Internet, Ius Comparatum – Global Studies in Comparative Law 38,
https://doi.org/10.1007/978-3-030-28049-9_4
77
Verde’s National Report
José Pina-Delgado
1 Introduction
1.1 Organisation of the Report
Despite being the first African state to have a General Law on Data Protection
1
—
largely borrowed, as duly recognised by its promoters,
2 from the Portuguese Data
Protection Act of 1998,
3 which, in turn, implemented the European Union Data
Protection Directive of 1995
4
—Cape Verde is in the process of developing a broad
and robust system of personal data protection. Though enacted in 2001, the Cape
Verdean Law, in the majority of cases, was not really in action,
5 but only represented
J. Pina-Delgado (*)
Instituto Superior de Ciências Jurídicas & Sociais of Praia, Praia, Cape Verde
Constitutional Court of the Republic of Cape Verde, Praia, Cape Verde
e-mail: jose.p.delgado@tconstitucional.cv
1 See Makulilo (2012), p. 163.
2 The Minister of Justice that presented the draft legislation on behalf of the Executive in the
Parliament mentioned the 1995 Directive and a model law for Latin American Countries (Parliamentary Records (2000), 30.11.2000 (audio version) (on file with author)).
3 See Law No 67/98, of 6 October, published in the Portuguese Official Gazette, Diário da
República, I Série A, n. 247, 26.10.1998, and, for general comments, Sarmento e Costa (2005),
Pinheiro (2015), and, in English, Oliveira e Costa (2012).
4 See Directive 95/46/EC of the European Parliament and of the Council on the Protection of
Individuals with Regard to the Processing of Personal data and on the Free Movement of such
Data, Official Journal of the European Communities, No L 281/31, 23.11.1995.
5 When Parliament discussed amendments to the Law this was duly acknowledged by their sponsors
and other members of Parliament (Parliamentary Records (audio), 27.07.2013 (Afternoon Period)
(on file with author)).
© Springer Nature Switzerland AG 2020
D. Moura Vicente, S. de Vasconcelos Casimiro (eds.), Data Protection in the
Internet, Ius Comparatum – Global Studies in Comparative Law 38,
https://doi.org/10.1007/978-3-030-28049-9_4
77