(Derogations)
1. The transfer of personal data to a State which does not ensure an adequate level
of protection within the context of 19 2) may be allowed by the CNPD if the data
subject has given his unequivocal consent to the proposed transfer or if that
transfer:
a) is necessary for the performance of a contract between the data subject and
the controller of the processing the data or the precontractual measures taken
in response to the request of the subject;
b) is necessary for the execution/performance or the signing of a concluded or
to be concluded contract in the interest of the data’s subject between the
controller and a third party;
c) is necessary or legally required on the grounds of important public interest,
or for the establishment, exercise of defence of legal claims;
d) is necessary for the protection of vital interests of the data’s subject;
e) is made from a public register, within the contexts of the laws or regulations,
is intended for information of the public and which is open to consultation
either by the general public or by any person who can demonstrate legitimate
interest provided the conditions laid down in law for consultation are
fulfilled in this case.
2. Without prejudice to paragraph 1, the CNPD may authorise a transfer or set of
transfers of personal data to a State which does not ensure an adequate level of
protection within the meaning of Article 19 2) for as long as the processing
controller provides adequate guarantees with respect to the protection of the
privacy and fundamental rights and freedoms of individuals and with respect to
their exercise, particularly by means of appropriate contractual clauses.
3. The transfer of personal data which is necessary for the protection of State
security, defence, public safety and the prevention, investigation and repression
of punishable criminal offences shall be governed by special legal provisions or
by the international conventions to which Cape Verde is party.
CHAPTER IV
National authority for the investigation of the protection of personal data
Section I
General provisions
Article 21
(Objectives of the investigation)
The supervisory of personal data protection shall seek to follow-up, evaluate and control
the activities of legally competent organs or services for its processing, safeguarding the
fulfilment of the Constitution and the Law, especially the fundamental rights, freedoms
and guarantees of citizens.
Article 22
(Nature of the investigation)