Draft Data Protection and Privacy Policy – The Gambia. May 2019
3.4
ensure appropriate safeguards for the processing of special
categories of personal data to prevent adverse effects for
individuals;
3.5
ensure additional protections with regards to the processing
of personal data about children in accordance with Article
10 of the African Charter on the Rights and Welfare of the
Child (1990) and possibly for other vulnerable groups of
individuals;
3.6 establish a requirement for an independent and impartial
National Supervisory Authority appropriately empowered to
sufficiently oversee, monitor and enforce compliance and
safeguarding of the data protection and privacy rights of
individuals;
3.
Scope
4.1 The Policy applies to the processing of personal data in the
private and public sectors, whether by automated or nonautomated means and irrespective of the nationality or place
of residence of the data subject;
4.2 The Policy does not apply to the processing of personal data
made for personal or household purposes;
4.3 The policy applies to personal data or special categories of
data about living individuals. The policy does not apply to
data about deceased persons;
4.4 The policy applies to data processing undertaken within the
jurisdiction of The Gambia.
4.
Basic Principles for the Protection of Personal Data
The Principles outlined in this section are based on international
best practice taking into consideration the Malabo Convention
and the modernised and most widely adopted globally,
Convention 108+.
As a prerequisite, the policy requires that personal data and
special categories of data are processed fairly, lawfully and
transparently and in a manner that is proportionate in relation to
the legitimate purpose(s) pursued and reflect at all stages of the
processing a fair balance between all interests concerned,
whether public or private, and the rights and freedoms of
individuals at stake.
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