African Union Legal Instrument
CHAPTER II:
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PERSONAL DATA PROTECTION.
Section I:
Personal data protection
Article 8:
Objective of this Convention with respect to personal data
1.
Each State Party shall commit itself to establishing a legal framework aimed at
strengthening fundamental rights and public freedoms, particularly the protection
of physical data, and punish any violation of privacy without prejudice to the
principle of free flow of personal data.
2.
The mechanism so established shall ensure that any form of data processing
respects the fundamental freedoms and rights of natural persons while
recognizing the prerogatives of the State, the rights of local communities and the
purposes for which the businesses were established.
Article 9:
1.
2.
Scope of application of the Convention
The following actions shall be subject to this Convention:
a)
Any collection, processing, transmission, storage or use of personal data by
a
natural person, the State, local communities, and public or private
corporate bodies;
b)
Any automated or non-automated processing of data contained in or meant
to be part of a file, with the exception of the processing defined in Article 9.2
of this Convention;
c)
Any processing of data undertaken in the territory of a State Party of the
African Union;
d)
Any processing of data relating to public security, defence, research,
criminal prosecution or State security, subject to the exceptions defined by
specific provisions of other extant laws.
This Convention shall not be applicable to:
a)
Data processing undertaken by a natural person within the exclusive
context of his/her personal or household activities, provided however that
such data are not for systematic communication to third parties or for
dissemination;
b)
Temporary copies produced within the context of technical activities for
transmission and access to a digital network with a view to automatic,
intermediate and temporary storage of data and for the sole purpose of