Rights

The Constitution of the Republic of Cabo Verde, in its Article 45, enshrines the rights relating to information technology and the protection of personal data. The ordinary legislator developed this matter in Law No. 133/V/2001, of 22 January, amended by Law No. 41/VIII/2013, of 17 September, which establishes the general legal regime for the protection of personal data of natural persons, guaranteeing:

Right to Information
Right of Access
Right to Deletion or Restriction
Right to Object
Other Rights

Right to Information

When collecting personal data from the data subject, the controller or their representative must provide the following information (unless already known):

  • The identity of the data controller
  • The purpose of the processing
  • The existence of rights to access and rectify their data


If data isn't collected directly from the subject, this information must be provided:
• At the time of data recording, or
• Before any data disclosure to third parties
For data collected via open networks, subjects must be warned that their data may circulate without security and could be accessed by unauthorized parties.

Right of Access

  • The right to obtain confirmation about whether their data is being processed
  • The right to know: processing purposes, data categories, automated processing logic, and recipients
  • For health/genetic data: access must be requested through a physician of choice via CNPD
  • For national security/law enforcement data: access must be requested through CNPD
  • For journalistic/artistic processing: access must be requested through CNPD
  • CNPD may limit information if disclosure would harm state security, criminal investigations, or press freedom

Right to Deletion or Restriction

  • The right to demand correction, deletion or blocking of incomplete/inaccurate data
  • The right to demand correction, deletion or blocking of incomplete/inaccurate data

Right to Object

  • The right to object to processing based on legitimate personal grounds
  • The right to free objection to direct marketing processing
  • The right to object to client data being used for company marketing
  • The right to free objection to first-time data sharing for third-party direct marketing

Other Rights

Data subjects also have the right to:

  • Not be subject to automated decision-making about personality aspects (e.g. professional competence, creditworthiness)
  • Demand lawful data processing
  • Ensure collected data isn't excessive for its purposes
  • Prevent data use for incompatible purposes
  • Prevent data disclosure to third parties without consent

Information requests

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