African Union Convention on Cyber Security and Personal Data Protection

2017 ◽  
Vol 56 (1) ◽  
pp. 164-192 ◽  
Author(s):  
Kaitlin M. Ball
Author(s):  
Kirils Dubinins ◽  
Kristīne Mārtinsone

Provision of remote services became relevant all over the world, during the 2020 COVID-19 pandemic. Latvian supervisors were also forced to transfer their practice to the digital space as well. COVID-19 pandemic challenges opened a wider range of opportunities for improvement remote practice. Pandemic also highlighted the risks associated with lack of relevant competences. At the global level over the last decade, risks associated with remote counselling summarized in guidelines, providing professionals with examples of best practice. In Latvia, on other hand, such guidelines have not adopted yet.This study developed with the aim to find out the awareness of Latvian supervisors about the risks (cyber security) of using information technology and the protection of personal data in the conditions created by the COVID-19 pandemic.To find out how Latvian supervisors are aware about the risks of using information technology (cyber security) and personal data protection, a survey conducted among Latvian supervisors and organizing an expert panel discussion, scientific strength of the study ensured by data triangulation.The obtained results allowed to conclude that the COVID-19 pandemic highlighted the need for supervision remote practice, at the same time the research data show that the awareness of Latvian supervisors about the risks of information technology use (cyber security) and personal data protection is medium to low.The results of the research show that in the education of Latvian supervisors it is necessary to allocate place for the acquisition of information technology (cyber security) risk and personal data protection regulation.This research emphasizes the importance of several supervisors’ competences such as digital knowledge and personal data protection, however further research is needed to find the most effective methods how to improve these competences.  


Author(s):  
Abraham Ethan Martupa Sahat Marune ◽  
Brandon Hartanto

The development of technology, communication, and the internet has positive and negative influences on all sectors of life in society. One of the negative impacts and problems is the alleged criminal act of buying and selling data and the absence of a special law (lex specialist) regarding the regulation of Indonesian personal data. The purpose of this research is to analyze in-depth the efforts to strengthen the protection of personal data, cyber security, and increase public awareness of the perspective of Progressive Law in Indonesia. This study uses a normative juridical method using secondary data, a statutory approach, a conceptual approach, and a case approach. This scientific paper concludes that the Synergy of Ministries and related institutions (Legislative, Executive, and Judiciary) is the key to protecting personal data and cyber resilience. Then, strengthening efforts should be made, namely immediately passing the Draft Law on Personal Data Protection (RUU PDP), forming an independent institution. However, if at this time a dispute occurs, it can be resolved by Article 30 of the ITE Law and the PMH Lawsuit (Tort), supported by a progressive legal approach and futuristic interpretation by the judge examining the quo case. The synergy of government agencies, the private sector, and other stakeholders is needed to increase public awareness by increasing education/dissemination of efforts to prevent misuse of personal data.


2020 ◽  
Author(s):  
ABBA ELGUJJA

The concept of personal data protection is no doubt, an off-shoot of the universal human right to privacy and confidentiality. Not only has it been ingrained under Article 12 of the Universal Declaration of Human Rights, but it has also been incorporated into most of the regional human rights conventions, charters, and treaties, except, of course, the African Charter on Human Rights (ACHR) to which Nigerian affiliates with. Despite its conspicuous absence in the ACHR, the revolution in the internet and information management technologies have prompted the African Union (AU), and the Economic Community of West Africa States (ECOWAS) to, respectively, create Convention and Act to regulate the processing of personal data.However, Nigeria has neither incorporated these treaties nor enacted a comprehensive data protection law. At best, Nigeria has a Data Protection Regulations, a Data Protection Bill, and scattered pieces of legislation regulating specific aspects of the processing of personal data.The question is, has the universal human right to privacy effectively trickled down to Nigeria? This chapter captures the issues at stake, and attempts to proffer suggestion.


2018 ◽  
Vol 12 (2) ◽  
pp. 91-130
Author(s):  
Uchenna Jerome Orji

Following the liberalization of telecommunication markets in African States, and the increasing availability of wireless technologies and broadband capacity, the levels of Internet penetration and ICT access in Africa has continued to grow in a phenomenal manner since the beginning of the new millennium. Internet use statistics indicate that Africa’s Internet user population grew from about four and a half million people in 2000 to about 400 million people in December, 2017. However, widespread ICT access and Internet penetration in Africa has also raised concerns over the need to promote cybersecurity governance and cyber stability across the continent. This prompted the African Union to establish a regional cybersecurity treaty, known as the African Union Convention on Cyber Security and Personal Data Protection, in June, 2014. The Convention imposes obligations on Member States to establish legal, policy and regulatory measures to promote cybersecurity governance and control cybercrime. This article analyzes the nature and scope of the cybersecurity governance obligations under the Convention and examines how the adoption of the Convention can promote cyber stability in the African region. In so doing, the paper also examines the challenges impeding the application of the Convention as a framework for promoting regional cyber stability in Africa. The paper identifies the slow pace of Member State ratification and the absence of effective regional coordination as some of the major reasons why the Convention has not been effectively applied as a framework for promoting regional cyber stability. Therefore, the paper makes a case for the establishment of a regional monitoring mechanism within the AU framework to improve the regional harmonization of cybersecurity governance frameworks, and harness the application of the Convention as a framework for promoting regional cyber stability.


2017 ◽  
Vol 2017 (1) ◽  
pp. 35-44
Author(s):  
Dawid Zadura

Abstract In the review below the author presents a general overview of the selected contemporary legal issues related to the present growth of the aviation industry and the development of aviation technologies. The review is focused on the questions at the intersection of aviation law and personal data protection law. Massive processing of passenger data (Passenger Name Record, PNR) in IT systems is a daily activity for the contemporary aviation industry. Simultaneously, since the mid- 1990s we can observe the rapid growth of personal data protection law as a very new branch of the law. The importance of this new branch of the law for the aviation industry is however still questionable and unclear. This article includes the summary of the author’s own research conducted between 2011 and 2017, in particular his audits in LOT Polish Airlines (June 2011-April 2013) and Lublin Airport (July - September 2013) and the author’s analyses of public information shared by International Civil Aviation Organization (ICAO), International Air Transport Association (IATA), Association of European Airlines (AEA), Civil Aviation Authority (ULC) and (GIODO). The purpose of the author’s research was to determine the applicability of the implementation of technical and organizational measures established by personal data protection law in aviation industry entities.


Author(s):  
Yanis Arturovich Sekste ◽  
Anna Sergeevna Markevich

The subject of this research is the problems emerging in the process of establishment and development of the Institution of personal data protection in the Russian Federation. Special attention is turned to the comparison of Soviet and Western models of protection of private life and personal data. The authors used interdisciplinary approach, as comprehensive and coherent understanding of socio-legal institution of personal data protection in the Russian Federation is only possible in inseparable connection with examination of peculiarities of the key historical stages in legal regulation of private life of the citizen. After dissolution of the Soviet political and legal system, the primary task of Russian law consisted in development and legal formalization of the institution of protection of human and civil rights and freedoms, first and foremost by means of restricting invasion of privacy by the state and enjoyment of personal freedom. It is concluded that the peculiarities of development of the new Russian political and legal model significantly impacted the formation of the institution of personal data protection in the Russian Federation. The authors believe that the Russian legislator and competent government branches are not always capable to manage the entire information flow of personal data; therefore, one of the priority tasks in modern Russian society is the permanent analysis and constant monitoring of the development of information technologies.


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