Page 32 Personal data processing for journalistic purposes or for the purpose of research or artistic or literary expression shall be admissible where the processing is meant exclusively for literary and artistic expression or for professional exercise of journalistic or research activity, in accordance with the code of conduct of these professions. Article II - 38: The provisions of this Convention shall not impede the application of laws relating to the print media or the audio-visual sector and the provisions of the penal code which prescribe the conditions for the exercise of the right of response, and prevent, restrict, compensate for and, where necessary, repress breaches of private life and the reputation of physical persons. Article II – 39: Direct prospection with the aid of any means of communication in whatsoever form, using the personal data of a physical person who has not given prior consent to receiving such prospection, is prohibited in the African Union. Article II – 40: No legal ruling involving an appraisal of the comportment of a person shall serve as grounds for the automated processing of personal data for the purpose of evaluating certain aspects of his/her personality. No decision producing legal effects on a person shall be taken, on the exclusive grounds of automated processing of personal data for the purpose of defining the profile of the person concerned or evaluating certain aspects of his/her personality. Article II – 41: The data processing official shall not transfer personal data to a non-Member State of the African Union unless such a State offers sufficient level of protection of the private life, freedoms and fundamental rights of persons whose data are being or are likely to be processed. Before any personal data is transferred to the said third country, the data processing official shall give prior notice of such transfer to the protection authority. AU Draft0 010111