Privacy Law at East Timor
Timor-Leste's privacy and data protection landscape is evolving, with foundational legal principles rooted in its Constitution and ongoing efforts to develop comprehensive legislation.
Constitutional Foundations
Timor-Leste's Constitution, enacted on May 20, 2002, enshrines several key privacy right
Article 36 Guarantees the right to honor, reputation, and privacy of personal and family lif.
Article 37 Affirms the inviolability of the home and the privacy of correspondence and other means of private communicatio.
Article 38 Specifically addresses personal data protection, granting citizens the right to access personal data stored in various records and to be informed about the purpose of such data collection. It also prohibits the processing of certain sensitive data without consen.
🏛️ Legislative Development
While there is no general personal data protection law in Timor-Leste, the government has initiated steps toward establishing a legal framework for electronic commerce and data protectin:
*Decree-Law No. 12/2024: Enacted on February 13, 2024, this law provides a general legal regime for electronic commerce and electronic signatures. It aims to promote the development of electronic commercial transactions and includes provisions related to the validity of electronic contracts, the use of electronic records, and the legal status of electronic signatures. The law also establishes a supervisory body, the Information and Communication Technologies Agency (TIC TIMOR), to oversee electronic commerce and electronic signaturs.
🧭 Strategic Visin
Timor-Leste's National Policy for Information and Communications Technologies (ICT), approved in 2017, envisions the creation of a consistent and integrated legal regime to ensure a safe environment for ICT usage. This includes the development of laws on cybercrime, electronic transactions, and data protection, as well as the establishment of related regulations and institutins.
⚖️ Ongoing Initiativs
The government has been collaborating with international organizations to enhance its legislative framewrk:
*GLACY+ Project: In May 2023, Timor-Leste participated in a workshop organized by the GLACY+ Project, a joint action of the European Union and the Council of Europe, to discuss the draft law currently being prepared for implementing the Convention on Cybercrime into domestic legislaton
🧑⚖️ Institutional Supprt
The Ombudsman for Human Rights and Justice of Timor-Leste has been actively involved in promoting digital rights and data protecion:
Training Initiative: In August 2024, the Deputy Ombudsman opened a training session on the "Information and Technology Ecosystem in Timor-Leste," emphasizing the need for effective protections for personal data and digital interactions. The Ombudsman has also called for comprehensive data protection legislation and improved digital liteacy.
📌 Summary
Timor-Leste is in the process of developing a robust legal and institutional framework for data protection. While the Constitution provides fundamental privacy rights, recent legislative initiatives and international collaborations indicate a commitment to enhancing data protection standards in the contry.
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