Equatorial GuineaLey de Protección de Datos Personales, tutela, inspección y régimen sancionador
Ley Núm. 1/2016, arts. 29-47 (órgano rector y régimen sancionador)
In force.
An enforcement supervision rule binding public and private bodies.
- Obligation class
- Governance
As of .
What it requires
- Attend the inspecting officials and give them the collaboration they need, appearing at the place, day and hour set and providing the documents, books, data, reports and records they request (Article 36).
- Stop the unlawful use, communication, assignment or transfer of personal data when the sanctioning body requires it, in a serious or very serious case (Article 42).
These lines are LexLint's reading of the law's text, as of .
If you get it wrong
Private right of actionYes
Penalty structure
Three tiers: minor infraction 200,000 to 500,000 FCFA; serious infraction 500,001 to 5,000,000 FCFA; very serious infraction 5,000,001 to 15,000,000 FCFA (the recorded fixed_cap is the top of the very-serious tier). Very serious and serious tiers also carry non-monetary sanctions: suspension of processing, seizure of equipment, closure of premises, disqualification, or cancellation of a file's registration.
- Rule
- Fixed only
- As of
- Currency
- XAF
- Fixed cap
- 15,000,000
Who enforces it
Enforcement body
Ministry of Telecommunications and New Technologies (pending creation of the Órgano Rector de Protección de Datos Personales by decree)
What this law does
Article 15 names the Órgano Rector de los Datos Personales, to be created by decree, as the body that protects the rights derived from personal data protection. Article 16 gives every person the right to bring actions before the courts of the ordinary jurisdiction against those who violate the Law or deny them a right. Article 35 assigns the power to sanction under the Law to the Ministry of Telecommunications and New Technologies, within its functions, against any infringer.
Article 35 gives the Órgano Rector de Protección de Datos Personales a sanctioning power of its own within its competences. Article 35 allows an appeal (Recurso de Alzada) against the Minister's sanctioning resolutions to the Council of Ministers within thirty days from notification. Article 36 requires file controllers and those responsible for processing to attend the inspecting officials and give them due collaboration in their functions.
Article 38 classifies infractions as minor, serious and very serious. Article 42 sets fines of 200,000 to 500,000 FCFA for a minor infraction, 500,001 to 5,000,000 FCFA for a serious one, and 5,000,001 to 15,000,000 FCFA for a very serious one, alongside non-monetary sanctions such as suspension of a file's processing, sealing of premises, seizure of equipment, permanent closure of premises, disqualification and cancellation of a file's registration.
Article 42 lets the sanctioning body, in serious and very serious cases, require the controllers of public or private files to stop the unlawful use, communication, assignment or transfer of the data.
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