African Union Legal Instrument

P a g e | 15

offering other beneficiaries of the service the best possible access to the
information so transmitted.
Article 10:
1.

Preliminary personal data processing formalities

The following actions shall be exempted from the preliminary formalities:
a)

The processing mentioned in Article 9.2 of this Convention;

b)

Processing undertaken with the sole objective of maintaining a register
meant exclusively for private use;

c)

Processing undertaken by a non-profit making association or body, with a
religious, philosophical, political or trade union aim, provided that the data
are consistent with the objective of the said association or body structure,
and relate solely to its members, and that the data are not disclosed to a
third party.

2.

With the exception of the cases defined in Article 10.1 above and in Article 10.4
and 10.5 of this Convention, personal data processing shall be subject to a
declaration before the protection authority.

3.

With regard to the most common categories of personal data processing which
are not likely to constitute a breach of privacy or individual freedoms, the
protection authority may establish and publish standards with a view to
simplifying or introducing exemptions from the obligation to make a declaration.

4.

The following actions shall be undertaken after authorization by the national
protection authority:
a)

Processing of personal data involving genetic information and health
research;

b)

Processing of personal data involving information on offenses, convictions
or security measures;

c)

Processing of personal data for the purpose of interconnection of files as
defined in Article 15 of this Convention, data processing involving national
identification number or any other identifier of the same type;

d)

Processing of personal data involving biometric data;

e)

Processing of personal data of public interest, particularly for historical,
statistical or scientific purposes.

Select target paragraph3