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Page 25 The protection authority may be seized by any person acting on his/her own, or through a lawyer or any other duly mandated physical person or corporate body. Section III: Institutional framework for protection of personal data Chapter 1: Status, composition or organization Article II – 14: Each Member State of the African Union shall establish an authority with responsibility to protect personal data. The body so established shall be an independent administrative authority with the task of ensuring that the processing of personal data is conducted in accordance with the provisions of this Convention. Article II – 15: The protection authority shall inform the concerned persons and the processing officials of their rights and responsibilities. Article II – 16: The protection authority shall comprise parliamentarians, deputies, senators, senior judges of the Tribunal of Accounts, Council of State, Civil and Criminal Appeal Court, personalities qualified as a result their knowledge of computer science, as well as professional networks or sectors. Article II – 17: Sworn agents may be invited to participate in audit missions in accordance with extant provisions in Member States of the African Union. Article II – 18: Members of the protection authority shall be subject to professional secrecy in accordance with the extant texts of each Member State. Each protection authority shall formulate rules of procedure containing, inter alia, rules governing deliberations, processing and presentation of cases. Article II – 19: AU Draft0 010111

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Draft African Union Convention on the Establishment of A Legal Framework Conducive to Cyber Security in Africa (or Draft African Union Convention on the Confidence and Security in Cyberspace)

Document

Intergovernmental Organisation

African Union (AU)

Type of Document (for IGOs)

Regulations and Directives

Topics

Critical Infrastructure
Cyber Crime
Cyber Terrorism
Cybersecurity Awareness
Data Protection
Economy and Finance
Human & Digital Rights
Incident and Emergency Response
International Cooperation
National Cyber Defense
Public-Private Partnership
Research and Development
Risk Mitigation and Management
Training and Education

Summary

Proposal of a Convention seeking to harmonize African cyber legislations and establishing a credible framework for cybersecurity in Africa through organization of electronic transactions, protection of personal data, promotion of cyber security , e-governance and combating cybercrime
Objective: to contribute to the preservation of the institutional, human, financial, technological and informational assets and resources put in place by institutions to achieve their objectives
Geared to protecting:
- Institutions against the threats and attacks capable of endangering their survival and efficacy
- The rights of persons during data gathering and processing against the threats and attacks capable of compromising such rights
Seeks to:
- Reduce related institutional intrusions or gaps in the event of disaster
- Facilitate the return to normal functioning at reasonable cost and within a reasonable timeframe
- Establish the legal and institutional mechanisms likely to guarantee normal exercise of human rights in cyber space
The proposal of the Convention was not adopted

Source Link 1: https://www.itu.int/ITU-D/projects/ITU_EC_ACP/hipssa/events/2011/WDOcs/CA_5/Draft%20Convention%20on%20Cyberlegislation%20in%20Africa%20Draft0.pdf

Year Published: 2012

Date Published: Sep 1, 2012

Document Language(s)

English

Preview

Primary Documents

2012_African Union_en_Draft African Union Convention on the Establishment of A Legal Framework Conducive to Cyber Security in Africa (or Draft African Union Convention on the Confidence and Security in Cyberspace).pdf
English
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UNIDIR Cyber Policy Portal Database

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Draft African Union Convention on the Establishment of A Legal Framework Conducive to Cyber Security in Africa (or Draft African Union Convention on the Confidence and Security in Cyberspace)

Primary Documents

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