reference to the inviolability of correspondence and telecommunications and safeguards against the use of computerised means.
29 It also contained a special constitutional remedy to protect data, the Habeas Data writ, inspired by the Brazilian 1998
Constitution
30 and common in Latin American jurisdictions.
31 The Fundamental
Law was subsequently amended in 1999,
32 when major changes were made to
former article 42 (presently article 45) that was specifically dedicated to data
protection in the use of computerised means.
2.1.2 The Legislative Acts
At the infra-constitutional level, in 2001, two important acts were approved by
Parliament, a general data protection law,
33 amended once in 2013,
34 and, in that
same year, a data protection law in the telecommunication domain.
35 In 2013,
another act that deals with the main body of the Islands Data Protection system,
the National Authority on Data Protection Act, was also enacted.
36 Recently added
to the list are the Video Surveillance Act of 14 April 2015
37 and the Cybercrime (and
Digital Evidence) Act of 20 March 2017.
38 Additional connected legislation is also
relevant in this domain, namely a 1994 Law on Special Constitutional Remedies,
that includes an appeal for the protection of fundamental basic rights (Recurso de
Amparo)—a constitutional complaint—and the already mentioned writ of Habeas
Data.
39
29 See also the presentation of Traça and Gaspar (2016), pp. 251–252.
30 For a general presentation of this writ in Brazil, see articles in Wambier (1998).
31 A Latin American comparative perspective is presented by Tizoc Gonzalez (2015).
32 Constitutional Law No 1/1999, of 25 November, published by the Republic’s Official Gazette
[Boletim Oficial], I Serie, n. 43, 23.11.1999, pp. 2–34.
33 Law No 133/V/2001, of 22 January, published by the Republic’s Official Gazette [Boletim
Oficial], I Serie, n. 2, 22.01.2001, pp. 31–41.
34 Amending Law No 8/VII/2013, of 17 September, published by the Republic’s Official Gazette
[Boletim Oficial], I Serie, n. 48, 17.09.13, pp. 1214–1228.
35 Law N
132/V/2001, of 22 January, published by the Republic’s Official Gazette [Boletim
Oficial], I Serie, n. 2, 22.01.2001, pp. 42–45.
36 Approved by the Law No 42/VII/2013, of 17 September, published by the Republic’s Official
Gazette [Boletim Oficial], I Serie, n. 48, 17.09.13, pp. 1228–1315.
37 Law No 86/VIII/2015, of 14 April, published by the Republic’s Official Gazette [Boletim Oficial],
I Serie, n. 24, 14.05.15, pp. 718–723.
38 Law No 8/IX/2017, of 20 March, published by the Republic’s Official Gazette [Boletim Oficial], I
Serie, n. 12, 20.03.2017, pp. 318–325.
39 Law No 109/IV/1994, of 24 October, published by the Republic’s Official Gazette [Boletim
Oficial], I Serie, n. 35, 24.10.1994, pp. 635–639.
Data Protection in the Internet: Cape Verde’s National Report
81
29 It also contained a special constitutional remedy to protect data, the Habeas Data writ, inspired by the Brazilian 1998
Constitution
30 and common in Latin American jurisdictions.
31 The Fundamental
Law was subsequently amended in 1999,
32 when major changes were made to
former article 42 (presently article 45) that was specifically dedicated to data
protection in the use of computerised means.
2.1.2 The Legislative Acts
At the infra-constitutional level, in 2001, two important acts were approved by
Parliament, a general data protection law,
33 amended once in 2013,
34 and, in that
same year, a data protection law in the telecommunication domain.
35 In 2013,
another act that deals with the main body of the Islands Data Protection system,
the National Authority on Data Protection Act, was also enacted.
36 Recently added
to the list are the Video Surveillance Act of 14 April 2015
37 and the Cybercrime (and
Digital Evidence) Act of 20 March 2017.
38 Additional connected legislation is also
relevant in this domain, namely a 1994 Law on Special Constitutional Remedies,
that includes an appeal for the protection of fundamental basic rights (Recurso de
Amparo)—a constitutional complaint—and the already mentioned writ of Habeas
Data.
39
29 See also the presentation of Traça and Gaspar (2016), pp. 251–252.
30 For a general presentation of this writ in Brazil, see articles in Wambier (1998).
31 A Latin American comparative perspective is presented by Tizoc Gonzalez (2015).
32 Constitutional Law No 1/1999, of 25 November, published by the Republic’s Official Gazette
[Boletim Oficial], I Serie, n. 43, 23.11.1999, pp. 2–34.
33 Law No 133/V/2001, of 22 January, published by the Republic’s Official Gazette [Boletim
Oficial], I Serie, n. 2, 22.01.2001, pp. 31–41.
34 Amending Law No 8/VII/2013, of 17 September, published by the Republic’s Official Gazette
[Boletim Oficial], I Serie, n. 48, 17.09.13, pp. 1214–1228.
35 Law N
132/V/2001, of 22 January, published by the Republic’s Official Gazette [Boletim
Oficial], I Serie, n. 2, 22.01.2001, pp. 42–45.
36 Approved by the Law No 42/VII/2013, of 17 September, published by the Republic’s Official
Gazette [Boletim Oficial], I Serie, n. 48, 17.09.13, pp. 1228–1315.
37 Law No 86/VIII/2015, of 14 April, published by the Republic’s Official Gazette [Boletim Oficial],
I Serie, n. 24, 14.05.15, pp. 718–723.
38 Law No 8/IX/2017, of 20 March, published by the Republic’s Official Gazette [Boletim Oficial], I
Serie, n. 12, 20.03.2017, pp. 318–325.
39 Law No 109/IV/1994, of 24 October, published by the Republic’s Official Gazette [Boletim
Oficial], I Serie, n. 35, 24.10.1994, pp. 635–639.
Data Protection in the Internet: Cape Verde’s National Report
81