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SOUTHERN AFRICA PRESS FREEDOM REPORT 2019-2020

a.
with the consent of the individual
concerned;
b.
conducted in a lawful and fair manner;
c.
in accordance with the purpose for which
it was collected, and adequate, relevant and not
excessive;
d.
accurate and updated, and where
incomplete, erased or rectified;
e.
transparent and disclose the personal
information held; and
f.
confidential and kept secure at all times.
3.
States shall ensure, in relation to the
processing of a person’s personal information,
that the person has the rights to:
a.
be informed in detail about the processing;
b.
access personal information that has
been or is being processed;
c.
object to the processing; and
d.
rectify, complete or erase personal
information that is inaccurate, incomplete or
prohibited from collection, use, disclosure or
storage.
4.
Every person shall have the right to
exercise autonomy in relation to their personal
information by law and to obtain and reuse their
personal information, across multiple services,
by moving, copying or transferring it.
5.
Any person whose personal information
has been accessed by an unauthorised person
has the right to be notified of this fact within
a reasonable period and of the identity of the
unauthorised person, unless such identity
cannot be established.
6.
The harmful sharing of personal
information, such as child sexual abuse or the
non-consensual sharing of intimate images,
shall be established as offences punishable by

United Nations
Educational, Scientific and
Cultural Organization

law.
7.
Every individual shall have legal recourse
to effective remedies in relation to the violation
of their privacy and the unlawful processing of
their personal information.
8.
Oversight mechanisms for the protection
of communication and personal information shall
be established by law as independent entities
and include human rights and privacy experts.

PART V: IMPLEMENTATION
Principle 43. Implementation
1.
States shall adopt legislative, administrative, judicial and other measures to give effect
to this Declaration and facilitate its dissemination.
2.
When States review or adopt legislation
on access to information, they shall be further
guided by the African Commission’s Model Law
on Access to Information for Africa.
3.
When States adopt measures related to
elections, they shall be further guided by the
African Commission’s Guidelines on Access to
Information and Elections in Africa.
4.
In accordance with Article 62 of the African Charter, States shall, in each Periodic Report
submitted to the African Commission, provide
detailed information on the measures taken to
facilitate compliance with the provisions of this
Declaration.

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