African Union Legal Instrument
P a g e | 18
b.
Each national protection authority shall formulate rules of procedure
containing, inter alia, rules governing deliberations, processing and presentation
of cases.
6. Membership of the national protection authority shall be incompatible with
membership of Government, carrying out the functions of business executive and
ownership of shares in businesses in the information and communication technologies
sector.
7.
a.
Without prejudice to national legislations, members of the national
protection authority shall enjoy full immunity for opinions expressed in the pursuit,
or in connection with the pursuit of their duties.
b.
Members of the national protection authority shall not receive instructions
from any other authority in the performance of their duties.
8. State Parties shall undertake to provide the national protection authority with the
human, technical and financial resources necessary to accomplish their mission.
Article 12:
Duties and Powers of National Protection Authorities
1.
The national protection authority shall ensure that the processing of personal data
is consistent with the provisions of this Convention within State Parties of the
African Union.
2.
The national protection authorities shall ensure that Information and
Communication Technologies do not constitute a threat to public freedoms and
the private life of citizens. To this end, they are responsible for:
a)
Responding to every request for an opinion regarding personal data
processing;
b)
Informing the persons concerned and data controllers of their rights and
obligations;
c)
In a number of cases, authorize the processing of data files, particularly
sensitive files;
d)
Receiving the preliminary formalities for personal data processing;
e)
Entertaining claims, petitions and complaints regarding the processing of
personal data and informing the authors of the results thereof;