TEAM 4 Case Study Mauritius: Mrs Nandini Kissoon-Luckputtya

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Presentation transcript:

TEAM 4 Case Study Mauritius: Mrs Nandini Kissoon-Luckputtya Botswana: Ms Bonno Modimakwane Sri Lanka: Major General P.Samarsinghe Kenya: Thomas Odhiambo

Team 4

Question One Yes ,We agree with the Legal interception as Eyrie has ratified the Budapest Convention and introduced a provision into its Criminal Law

Question 1 Part 2 Legal interception should be carried according to prevailing law of the country and Protocols of Police Department. Moreover, if it concerns another country also, there should be reciprocity and harmonisation of the Laws of the two countries. In the present case, Eyrie Police acted without a prior indepth investigation.

Question 2 (i) Personal data should be obtained only for one or more specified and lawful purposes and shall not be further processed in any manner incompatible with that purpose- Eyrie Police obtained a warrant to intercept Jaimie phone calls but used the same warrant to seize his computer. Furthermore, the Police was impinging on the Fundamental Human Rights and Freedom.

Question 3 Principles (Directive 95/46/EC and the Guide From UK) Personal data shall be processed fairly and lawfully and, in particular, shall not be processed unless – at least one of the conditions in Schedule 2 is met, and in the case of sensitive personal data, at least one of the conditions in Schedule 3 is also met.

Question 3 Personal data shall be obtained only for one or more specified and lawful purposes, and shall not be further processed in any manner incompatible with that purpose or those purposes. Personal data shall be adequate, relevant and not excessive in relation to the purpose or purposes for which they are processed

Question 3 Personal data shall be accurate and, where necessary, kept up to date. Personal data processed for any purpose or purposes shall not be kept for longer than is necessary for that purpose or those purposes. Personal data shall be processed in accordance with the rights of data subjects . Appropriate technical and organisational measures shall be taken against unauthorised or unlawful

Question 3 processing of personal data and against accidental loss or destruction of, or damage to, personal data. Personal data shall not be transferred to a country or territory outside the European Economic Area unless that country or territory ensures an adequate level of protection for the rights and freedoms of data subjects in relation to the processing of personal data.

Question 4 Sri Lanka and Botswana have not got a Data Protection Act. The draft Bill is still in drafting stage. Kenya and Mauritius have got theirs. Mauritius since 2004 and Kenya in 2012.

Question 4 The DPA of Mauritius has been proclaimed since 2004 and needs to be updated to meet requirements of new technologies being introduced. Consequently, it is envisaging to accede to Budapest Convention and Convention 108. Our Copyright Act dates back to 1997 and we are coming with a new one as well as the Intellectual Property Rights which is in drafting stage.

Question 4 The legislation in Kenya may have potential conflict with the Freedom of Information Act. It has not been implemented.