TEAM 4 Case Study

Mauritius: Mrs Nandini Kissoon-LuckputtyaBotswana: Ms Bonno Modimakwane

Sri Lanka: Major General P.SamarsingheKenya: Thomas Odhiambo

Team 4

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

Question 1 Part 2Legal 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 3Principles (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, andin the case of sensitive personal data, at

least one of the conditions in Schedule 3 is also met.

Question 3Personal 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 3Personal 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 3processing 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 4Sri 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 4The 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 4The legislation in Kenya may have potential conflict with the Freedom of Information Act. It has not been implemented.