# DATA PROTECTION ACT THE REPUBLIC OF CAPE VERDE
# LAW 133/V/2001 OF 22 JANUARY
This law establishes the general legal framework on the protection of individuals with regard to the processing of personal data.
# CHAPTER I
# General provisions
Article 1
Object
The present law establishes the general legal framework on the protection of individuals with regard to the processing of personal data.
# Article 2
(Scope)
- The present Act/Law shall apply to the processing of personal data wholly or partly by automated means as well as to the processing of personal data other than by automated means contained in manual files or part of manual files.
2.The present Act/Law shall apply to the processing of personal data carried out:
a) in the context of the activities of an establishment of the controller situated within the national territorv: b) outside the national territory in places where the Cape Verdean law applies bv virtues of international public law: c) by a controller who is not established on the national territory, who for purposes of processing personal data makes use of automated or other types of equipment situated on the national territory except such equipment is used onlv for purposes of transit.
- The present Act/Law shall apply to video surveillance and other forms of capture, processing and dissemination of sound and images permitting persons to be identified provided the processing controller is domiciled or based on the national territory or makes use of a computer or data communication network access provider established on the national territory.
- In circumstances referred to subsection c) of number 2, the controller must designate by means of notification to the Comissão Nacional de Protecção de Dados (National Commission of Data Protection in English), henceforth referred to as CNPD (in Portuguese; NCDP in English), a representative established in Cape Verde to replace him in all his rights and obligations without prejudice to his own liability/responsibility.
- The preceding number shall apply where the controller is covered by the status of extraterritoriality, immunity or any other status which precludes criminal proceedings.
- This Act/Law shall to the processing of personal data regarding public safety, national defence and State security without prejudice to special rules in
instruments of international law to which Cape Verde is bound and specific laws pertinent to the respective sectors.
# Article 3
# (Exception to the scope)
The present Act/Law shall not apply to the processing of personal data carried out by individuals in the course of purely personal or household activities.
# Article 4
# (General principles)
The processing of personal data shall be carried out transparently and in strict respect for privacy and for other fundamental rights, freedoms and guarantees of the citizen.
# Article 5
# (Definitions)
For the purpose of this Act/Law:
a) “Personal data”: shall mean any information of any type/nature and irrespective of the medium involved, including sound and image relating to an identified or identifiable person. “data subiect”: