Privacy Law at Equatorial Guinea

04 Apr 2025 --
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Equatorial Guinea's primary legislation governing data privacy is Law No. 1/2016 on the Protection of Personal Data, enacted on July 22, 2016. This law establishes a framework for the collection, processing, and protection of personal data, aiming to safeguard individuals' privacy rights in the digital age.

🇬🇶 Key Provisions of Law No. 1/2016

1. **Data Protection Principles*

The law emphasizes several core principle:

Transparency Individuals must be informed about the collection and use of their personal dat.

Purpose Limitation Data should be collected for specified, legitimate purposes and not further processed in a manner incompatible with those purpose.

Data Minimization Only data necessary for the intended purposes should be collecte.

Accuracy Personal data must be accurate and kept up to dat.

Storage Limitation Data should not be kept in a form which permits identification of data subjects for longer than necessar.

Integrity and Confidentiality Data must be processed securely to prevent unthorized access or disclosur.

2. **Rights of Data Subjects*

Individuals have the right t:

Access Obtain confirmation as to whether their personal data is being processed, and access to that dat.

Rectification Request correction of inaccurate or incomplete dat.

Erasure Request deletion of personal data under certain condition.

Object Object to the processing of their personal dat.

Data Portability Receive their data in a structured, commonly used, and machine-redable forma.

3. **Data Controllers and Processors*

Organizations that collect or process personal data are classified as data controllers or processor. They are required t:

Implement Security Measures Adopt appropriate technical and organizational measures to protect personal dat.

Maintain Records Keep records of data processing activitie.

Notify Data Breaches Inform the relevant authorities and affected individuals in case of a data breac.

4. **Data Protection Authority*

The law establishes a governing body responsible for overseeing data protection complianc. This authority is tasked wit:

Monitoring Compliance Ensuring that data controllers and processors adhere to the la.

Providing Guidance Offering advice and recommendations on data protection matter.

Enforcement investigating complaints and imposing sanctions for non-complianc.

🛡️ Cybercrime and Data Protectio

In addition to Law No. 1/2016, Equatorial Guinea is advancing legislation to address cybercrimes and enhance data protectin A draft law to regulate the use of social media and cyberspace has been under review, focusing n:

*Computer Crimes: Defining offenses related to unauthorized access, data breaches, and cyber frad.

*Cybercrimes: Addressing issues like identity theft, unlawful disclosure of personal data, and endangering national security through digital meas

⚖️ Enforcement and Complianc

While the law provides a comprehensive framework for data protection, enforcement mechanisms and the operational status of the governing body remain under developmet Organizations operating in Equatorial Guinea are advised to stay informed about updates to the legal landscape and ensure compliance with both existing and forthcoming regulatios.

✅ Summar

Equatorial Guinea's Law No. 1/2016 on the Protection of Personal Data lays the foundation for data privacy and protection in the county With ongoing efforts to strengthen cybercrime legislation, the nation is moving towards a more robust data protection regie Entities handling personal data are encouraged to adopt best practices and remain vigilant in adhering to the evolving legal requiremens.