2023-11-09 17:10:10
The entry into force of the Convention on Cybersecurity and Personal Data Protection in Africa on June 8, 2023, i.e. five years following the General Data Protection Regulation in Europe, offers the opportunity to compare the mechanisms of protection of personal data of the European Union and the African Union. What are the principles, the rights of the people concerned as well as the sanctions?
Definition and issues of protection
From the outset, it should be noted that personal data (commonly called “personal data”) is any information relating to an identified or identifiable natural person. This may include information that can identify you directly or indirectly, such as your name, email address or even your identity card number. The European regulation (GDPR), compared to the African convention (CCPD), has the merit of providing a non-limiting set of elements capable of identifying a person, thus extending the understanding of the notion of personal data.
These data may be the subject of collection, recording, communication or any other operation qualified as “processing of personal data” in a computerized manner or in the form of a paper file carried out by any person, natural or legal. , private law or public law. However, to fall within the scope of personal data protection, the data controller or subcontractor must act for professional purposes, which thus excludes for a natural person the processing of personal data for personal purposes. or servants.
Your rights in this matter
Personal data concerns the private lives of individuals. This is why these texts recognize every individual as having a certain number of rights, including access to and knowledge of the purposes of processing information concerning them, requests for rectification, updating or even deletion of information. these informations. These rights can be exercised with professionals processing personal data, who are the data controller or the subcontractor, as the case may be.
Furthermore, professionals must process personal data lawfully, fairly and transparently. They must also ensure that this data is accurate and stored securely. These obligations apply when processing operations are carried out from African or European territory, or when the processing concerns the offering of goods or services to citizens located in either territory.
Applicable sanctions
“Law is an empty word without sanction.” This quote reminds us that the law, as an essential tool for life in society, is only effective if it is accompanied by sanctions. Personal data law is no exception to the rule. Indeed, both the European regulation and the African convention require member states to adopt sanctions in the event of violations of personal data law; obligation already fulfilled by the Democratic Republic of Congo and the French Republic.
These sanctions, which may be combined, are criminal, administrative or civil in nature. They must be effective, proportionate and dissuasive. Administrative sanctions are imposed by independent national authorities for the control and protection of personal data, such as the Data Protection Authority for the Democratic Republic of Congo and the National Commission for Informatics and Liberties for the French Republic.
In conclusion, the protection of personal data has become a global priority. The African Union and the European Union have strengthened their legislation in this area, and the Democratic Republic of Congo and the French Republic have completed the construction of this right in their domestic legislation. This happy observation therefore opens the way to a reflection on the possibility of a free transfer of personal data between these two States.
Sources :
- African Union, Convention on Cybersecurity and Personal Data Protection.
- European Union, General Data Protection Regulation.
- Protection of personal data: your rights as individuals.
- AFRICAN UNION: The Convention on Cybersecurity and the Protection of Personal Data finally comes into force.
- General Data Protection Regulation: what is it?
About Freddy THEY HAVE BEEN AWAY
Training in master 2, digital economy law at the University of Strasbourg.
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