Page 21 Each Member State of the African Union shall put in place a legal framework with a view to establishing a mechanism to combat breaches of private life likely to arise from the gathering, processing, transmission, storage and use of personal data. The mechanism so established shall ensure that any data processing, in whatsoever form, respects the freedoms and fundamental rights of physical persons while recognizing the prerogatives of the State, the rights of local communities and the interest of enterprises. Chapter II: Scope of application of the Convention Article II – 3: The following actions shall be subject to this Convention: 1) Any gathering, processing, transmission, storage and use of personal data by a physical person or the State, local communities and public or private law corporate bodies; 2) Any processing, be it automated or not, of data contained or expected to feature in a file, with the exception of the processing defined in Article II – 4 of this Convention; 3) Any processing of data undertaken in the territory of a Member State of the African Union; 4) Any processing of data relating to public security, defense, research, criminal prosecution or State security, subject to the exceptions defined by specific provisions of other extant laws. Article II – 4: This Convention shall not be applicable to: 1) Data processing undertaken by a physical person within the exclusive context of his/her personal or domestic activities, provided however that such data are not meant for systematic communication to third parties or for dissemination; 2) 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 lodging of data and for the sole purpose of offering AU Draft0 010111