Portuguese Republic, a member of the European Union, it justified the compatibility
of that ministerial ordinance on video vigilance with the Law.
49 However, the
Constitutional Court, in a case concerning the possible application of a treaty related
to another regional organisation of the same continent, the Council of Europe, where
an interested party argued that a treaty that Cape Verde was not a part of, was due to
be applied because of the convergence clause of the special partnership declaration,
stated that the agreement was not a treaty and the direct application of European
legislation could not, therefore, be justified by appealing to it,
50 which, naturally, did
not, in its opinion, forbid State organs with legislative powers from incorporating
solutions inspired by the European Union Law or by the legislation of one of its
members—namely from the Portuguese Republic—in the draft bills that they promote and enact.
Additionally, besides African legal instruments on data protection that in the
future can become binding on Cape Verde and a part of its domestic law, the
Archipelago has acceded to the Budapest Convention on Cybercrime in 2018
51
—
prior to this, it had to enact the Cybercrime Act of 2017
52
—and also in 2018 to the
Convention 108 of the Council of Europe for the Protection of Individuals with
Regard to Automated Processing of Personal Data,
53 for which it received an
invitation in July of 2017 after a positive advisory opinion, and a recommendation
of the Consultative Committee of that organisation.
54
General
Universal
Norms
and
Constitutional
Standards
of Interpretation There are other less comprehensive international instruments
on privacy and data protection, such as general international norms on privacy
related rights that are part of Cape Verdean Law, namely article 17 of the Covenant
49 Advisory Opinion No 1/2015, of 20 August, National Authority on Data Protection, available at
http://www.cnpd.cv/doc.php?&id¼1, accessed on 09.05.2017.
50 In the Request by Members of Parliament to the Constitutional Court to Control de Constitutionality of Norms Amending the Environmental Tax Law, which had at its core questions involving
local government autonomies, the Court rejected the idea that, in reason of the normative convergence clause of the special partnership declaration, the European Charter on Local Self-Government
was applicable as such in Cape Verde (See Ruling No 01/2017, J. Pina Delgado (rap.), published by
the Republic’s Official Gazette [Boletim Oficial], I Serie, n. 10, 27.02.2017, pp. 218–260, at 4.4.1).
51 Approved for Accession by the National Assembly Resolution No 11/VIII/2014, of 19 November,
published by the Republic’s Official Gazette [Boletim Oficial], I Serie, n. 70, 19.14.2014,
pp. 2107–2133.
52 As the previous footnote mentions Parliament approved accession in 2014, but, according to the
Minister of Justice that in the name of the Government sponsored the legislation on cyber crime, one
of the members of the Council of Europe blocked accession because in its opinion existent Cape
Verdean rules applicable to cyber crime were not adequate (Parliamentary Records, 30.11.2000, on
file with author).
53 Approved for accession by the National Assembly’s Resolution No 49/IX/2017, of 11 June,
published by the Republic’s Official Gazette [Boletim Oficial], I Serie, n. 40, 11.06.2017,
pp. 862–878.
54 Available at https://rm.coe.int/16806ee23f, accessed 15.05.2017.
84
J. Pina-Delgado
of that ministerial ordinance on video vigilance with the Law.
49 However, the
Constitutional Court, in a case concerning the possible application of a treaty related
to another regional organisation of the same continent, the Council of Europe, where
an interested party argued that a treaty that Cape Verde was not a part of, was due to
be applied because of the convergence clause of the special partnership declaration,
stated that the agreement was not a treaty and the direct application of European
legislation could not, therefore, be justified by appealing to it,
50 which, naturally, did
not, in its opinion, forbid State organs with legislative powers from incorporating
solutions inspired by the European Union Law or by the legislation of one of its
members—namely from the Portuguese Republic—in the draft bills that they promote and enact.
Additionally, besides African legal instruments on data protection that in the
future can become binding on Cape Verde and a part of its domestic law, the
Archipelago has acceded to the Budapest Convention on Cybercrime in 2018
51
—
prior to this, it had to enact the Cybercrime Act of 2017
52
—and also in 2018 to the
Convention 108 of the Council of Europe for the Protection of Individuals with
Regard to Automated Processing of Personal Data,
53 for which it received an
invitation in July of 2017 after a positive advisory opinion, and a recommendation
of the Consultative Committee of that organisation.
54
General
Universal
Norms
and
Constitutional
Standards
of Interpretation There are other less comprehensive international instruments
on privacy and data protection, such as general international norms on privacy
related rights that are part of Cape Verdean Law, namely article 17 of the Covenant
49 Advisory Opinion No 1/2015, of 20 August, National Authority on Data Protection, available at
http://www.cnpd.cv/doc.php?&id¼1, accessed on 09.05.2017.
50 In the Request by Members of Parliament to the Constitutional Court to Control de Constitutionality of Norms Amending the Environmental Tax Law, which had at its core questions involving
local government autonomies, the Court rejected the idea that, in reason of the normative convergence clause of the special partnership declaration, the European Charter on Local Self-Government
was applicable as such in Cape Verde (See Ruling No 01/2017, J. Pina Delgado (rap.), published by
the Republic’s Official Gazette [Boletim Oficial], I Serie, n. 10, 27.02.2017, pp. 218–260, at 4.4.1).
51 Approved for Accession by the National Assembly Resolution No 11/VIII/2014, of 19 November,
published by the Republic’s Official Gazette [Boletim Oficial], I Serie, n. 70, 19.14.2014,
pp. 2107–2133.
52 As the previous footnote mentions Parliament approved accession in 2014, but, according to the
Minister of Justice that in the name of the Government sponsored the legislation on cyber crime, one
of the members of the Council of Europe blocked accession because in its opinion existent Cape
Verdean rules applicable to cyber crime were not adequate (Parliamentary Records, 30.11.2000, on
file with author).
53 Approved for accession by the National Assembly’s Resolution No 49/IX/2017, of 11 June,
published by the Republic’s Official Gazette [Boletim Oficial], I Serie, n. 40, 11.06.2017,
pp. 862–878.
54 Available at https://rm.coe.int/16806ee23f, accessed 15.05.2017.
84
J. Pina-Delgado