Abstract
Angola’s remarkable economic growth over the last few years has come hand in hand with a significant shift in the legislative output, including the enactment of a Data Protection Act. By having implemented this general data protection framework, Angola has thus taken the first steps into establishing a fully operational privacy regime.
The Data Protection Act, while borrowing to some extent from the EU Data Protection Directive, has taken a rather unique approach in some aspects in order to meet the specific challenges and cultural reality of the country.
The present chapter seeks to provide the readers with a general overview of the country’s legal regime and to be a first approach for those who wish to investigate in further depth as well as to provide some views on the yet to be created Angolan Data Protection Authority. Moreover, this chapter also seeks to summarize and to present the different provisions scattered throughout Angolan legislation that can, one way or the other, affect or change the country privacy rights.
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Notes
- 1.
The full text of this provision reads: ‘Article 80 – Right to Respect for the Intimacy of Private Life.
(1) Everyone must respect the intimacy of the private life of others.
(2) The extent of this duty is to be determined in accordance with the specific nature of the case and the circumstances of the relevant persons.’
- 2.
Article 3 of the Data Protection Act. This Article further provides that the Data Protection act is applicable to entities in the ‘cooperative sector’, which basically comprises cooperatives – jointly owned commercial enterprises (usually organized by farmers or consumers) that produce and distribute goods and services and are run for the benefit of their owners.
- 3.
The processing of other types of data relating to any forms of electronic communication is dealt with more specifically in the Angolan Information Society Law (Law No. 23/11, of 20 June 2011), which sets out and regulates duties to respect the privacy and the protection of personal data of telecommunications users in Angola. The main purpose of these provisions is to limit the ways licensed operators can use the data.
- 4.
The processing of other types of data relating to phone calls or other forms of electronic communication is dealt with more specifically in the Angolan Information Society Law (Law No. 23/11, of 20 June 2011), which sets out and regulates duties to respect the privacy and the protection of personal data of telecommunications users in Angola.
- 5.
Please note that under the Angolan 2010 Constitution, Angola is a democratic country organized under a presidential political system, comprising a President (elected by direct vote), a Parliament (elected by direct vote) and a Council of Ministers appointed by the President.
- 6.
Directive 95/46/EC.
- 7.
The decision to be issued by the Angolan Data Protection Agency on this matter is to be included in a published opinion.
- 8.
Article 65 of the Data Protection Act requires the Angolan Executive Branch to issue regulations on the specific application of the Act within 120 days of its enactment, but such regulations have not yet been issued.
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© 2016 Springer International Publishing AG
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Traça, J.L., Correia, F. (2016). Data Protection in Angola. In: Makulilo, A. (eds) African Data Privacy Laws. Law, Governance and Technology Series(), vol 33. Springer, Cham. https://doi.org/10.1007/978-3-319-47317-8_17
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DOI: https://doi.org/10.1007/978-3-319-47317-8_17
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