African Union Legal Instrument
5.
In cases of emergency, where the processing or use of personal data results in
violation of fundamental rights and freedoms, the national protection authority
may, after adversary proceedings, decide as follows:
a)
b)
c)
6.
P a g e | 20
Discontinuation of data processing;
Blocking of some of the personal data processed;
Temporary or permanent prohibition of any processing at variance with the
provisions of this Convention.
The sanctions imposed and decisions taken by national protection authorities are
subject to appeal.
Section III: Obligations
processing
Article 13:
relating
to
conditions
governing
personal
data
Basic principles governing the processing of personal data
Principle 1: Principle of consent and legitimacy of personal data processing
Processing of personal data shall be deemed to be legitimate where the data subject
has given his/her consent. This requirement of consent may however be waived where
the processing is necessary for:
a)
Compliance with a legal obligation to which the controller is subject;
b)
Performance of a task carried out in the public interest or in the exercise of
official authority vested in the controller or in a third party to whom the data
are disclosed;
c)
Performance of a contract to which the data subject is party or in order to
take steps at the request of the data subject prior to entering into a contract;
d)
Protect the vital interests or fundamental rights and freedoms of the data
subject.
Principle 2: Principle of lawfulness and fairness of personal data processing
The collection, recording, processing, storage and transmission of personal data shall
be undertaken lawfully, fairly and non-fraudulently.
Principle 3: Principle of purpose, relevance and storage of processed personal
data
a)
Data collection shall be undertaken for specific, explicit and legitimate
purposes, and not further processed in a way incompatible with those
purposes;