as well as an abusive use of employee data by public services,
24 potentially exposing
the integral self of the person,
25 and the growing use of devices that collect biometric
data in the public and private sectors,
26 the importance of protecting online privacy
has experienced incremental developments in general personal data protection law in
recent years, although not always designed specifically to deal with the internet.
1.2 Subject-Matter, Purpose and Scope of the Present Report
This is a largely descriptive paper aimed at presenting the general framework of data
protection on the internet in Cape Verde, including developments up until 2018. It
will follow a program that will allow us to present its main features in order to
compare it to other national, supranational and international systems of data on this
domain. It starts with the presentation of the legal structure regarding personal data
protection (Sect. 2), and then it will deal with specific problems of data protection on
the internet (Sect. 3), and with the international dimension on data protection (Sect.
4) before presenting some concluding remarks (Sect. 5).
2 The General Data Protection Framework
2.1 The Applicable Norms
2.1.1 The Constitutional Rules
Data protection was inserted into the Cape Verdean Legal System by the Constitution of the Republic of 1992
27 through article 42, where it fitted in well with the
liberal and democratic framework based on the values of human dignity, individual
freedom, equality and solidarity.
28 The original version of that Constitutional rule
included allusions to several privacy related rights and guarantees, specifically with
24 See the reasons presented to justify the recent amendment of the core data protection act (see
Parliamentary Records (audio), 27.07.13, Morning Period (on file with author)).
25 On this, see Stephens-Davidowitz (2017).
26 See Ruling No 26/2013, Antonio Pedro et al v. Minister of Treasury and Planning, Supreme
Court of Justice, Request for Adoption of Provisional Measures, not published (on file with author),
in which the plaintiffs requested the review of a decision to forbid entrance and suspend pay of
public servants of that governmental service, who didn’t supply their data to the Ministry. The
measure was granted, but the case was not decided on the merits.
27 Constitutional Law N
1/1992, of 25 September, published by the Republic’s Official Gazette
[Boletim Oficial], I Serie, I Supplement, n. 12, 25.09.1992, pp. 1–44; for general presentations in
English, Lima (2004, 2007).
28 Pina-Delgado (2013).
80
J. Pina-Delgado
24 potentially exposing
the integral self of the person,
25 and the growing use of devices that collect biometric
data in the public and private sectors,
26 the importance of protecting online privacy
has experienced incremental developments in general personal data protection law in
recent years, although not always designed specifically to deal with the internet.
1.2 Subject-Matter, Purpose and Scope of the Present Report
This is a largely descriptive paper aimed at presenting the general framework of data
protection on the internet in Cape Verde, including developments up until 2018. It
will follow a program that will allow us to present its main features in order to
compare it to other national, supranational and international systems of data on this
domain. It starts with the presentation of the legal structure regarding personal data
protection (Sect. 2), and then it will deal with specific problems of data protection on
the internet (Sect. 3), and with the international dimension on data protection (Sect.
4) before presenting some concluding remarks (Sect. 5).
2 The General Data Protection Framework
2.1 The Applicable Norms
2.1.1 The Constitutional Rules
Data protection was inserted into the Cape Verdean Legal System by the Constitution of the Republic of 1992
27 through article 42, where it fitted in well with the
liberal and democratic framework based on the values of human dignity, individual
freedom, equality and solidarity.
28 The original version of that Constitutional rule
included allusions to several privacy related rights and guarantees, specifically with
24 See the reasons presented to justify the recent amendment of the core data protection act (see
Parliamentary Records (audio), 27.07.13, Morning Period (on file with author)).
25 On this, see Stephens-Davidowitz (2017).
26 See Ruling No 26/2013, Antonio Pedro et al v. Minister of Treasury and Planning, Supreme
Court of Justice, Request for Adoption of Provisional Measures, not published (on file with author),
in which the plaintiffs requested the review of a decision to forbid entrance and suspend pay of
public servants of that governmental service, who didn’t supply their data to the Ministry. The
measure was granted, but the case was not decided on the merits.
27 Constitutional Law N
1/1992, of 25 September, published by the Republic’s Official Gazette
[Boletim Oficial], I Serie, I Supplement, n. 12, 25.09.1992, pp. 1–44; for general presentations in
English, Lima (2004, 2007).
28 Pina-Delgado (2013).
80
J. Pina-Delgado