Statute of the African Network of Data Protection Authorities (RAPDP)

Article 1: CREATION

An African Network of Personal Data Protection Authorities (RAPDP), governed by the present statutes, is hereby created.

Article 2: COMPOSITION

The RAPDP brings together Authorities whose mission is to promote the protection of personal data and privacy in their country.

The RAPDP recognises the status of observer to:

• States with legislation, but not yet having an Authority for the protection of privacy and personal data;
• States that are considering legislation on the protection of privacy and personal data;
• bodies whose field of activity is related to the protection of privacy, in particular in the defence of human rights or the fight against cybercrime.

Article 3: HEADQUARTERS 

The headquarters of the RAPDP is the country of the authority providing the permanent secretariat. 

Article 4: OFFICIAL AND WORKING LANGUAGES

Les langues officielles du RAPDP sont :

• French;

• English;

• Portuguese;

• Spanish;

• Arabic.

The working languages of the RAPDP are French and English.

Article 5: OBJECTIVES OF THE NETWORK

The objectives of the RAPDP are, in particular, to:

• organise close cooperation between its members, in order to foster the sharing of ideas and experiences on issues related to their missions;

• to support States in the drafting of laws on the protection of privacy and personal data and the establishment of supervisory authorities;

• give opinions or make statements on specific issues relating to the protection of privacy and personal data;

• to provide a framework for consultation on the privacy and data protection issues and challenges facing Africa;

• to promote African legal instruments for the protection of privacy and personal data and to ensure their adequacy with the realities of the continent;

• co-operate with other African and international bodies and associations in the consolidation of the right to privacy and personal data protection.

Article 6: MEMBERS OF THE NETWORK

The members of the RAPDP are the Supervisory Authorities whose States have national legislation on the protection of privacy and personal data. 

Article 7: NETWORK OBSERVERS

The following shall be admitted as observers:

• representatives of States which have legislation but do not yet have a Privacy and Personal Data Protection Authority and those of countries which are considering legislation on the protection of personal data; 

• associations and organisations involved in the promotion and defence of the right to privacy and personal data protection or working in areas related to privacy protection, such as the defence of human rights or the fight against cybercrime.

Article 8: ADMISSION AND LOSS OF MEMBER QUALITY 

Membership of the RAPDP is acquired by application to the Chair of the RAPDP. The request is subject to the approval of the General Assembly. 

The modalities for the presentation of requests and membership are defined in the Rules of Procedure. 

Membership is lost by: 

• voluntary withdrawal; 

• suspension in the event of serious breach of the principles and values defended by the RAPDP. 

After having heard the member concerned, the Chair proposes its suspension or the modification of its status. This proposal is submitted to the General Assembly for approval. 

Article 9: THE NETWORK BODYS 

The RAPDP includes: 

• The General Assembly, 

• The Bureau

Article 10: GENERAL ASSEMBLY 

The General Assembly is the decision-making body of the RAPDP. It is chaired by the current Chair of the RAPDP. 

It meets in ordinary session once a year and in extraordinary session under the conditions provided for in Article 13 below. 

Only member Supervisory Authorities that are up to date with their membership fees have the right to vote. 

A Supervisory Authority that is unable to attend a General Assembly may vote by proxy given to another member Supervisory Authority. The present Authority may hold only one proxy, notified in advance to the Chair. 

If necessary, members may vote remotely by official communication or by electronic means. 

Article 11: MEETING OF THE ORDINARY GENERAL ASSEMBLY 

The General Assembly is a place for debates, proposals and exchanges of information on all subjects of common interest.

The Ordinary General Assembly is convened by the Chair once a year and is held in the country holding the chairmanship of the RAPDP. 

In exceptional circumstances, the Ordinary General Assembly may be held in the country of another member at the request of the current Chair or at the headquarters of the RAPDP. 

The Chair shall send to the members the documents on the agenda of the General Assembly at least fifteen (15) days before the General Assembly is held. A quorum is reached if more than half of the members confirm their participation. 

To be validly submitted for deliberation by the General Assembly, any draft resolution must be supported by at least 1/3 of the members. It shall be communicated to the Chair at least thirty (30) days before the date of the General Assembly. 

Voting shall be by show of hands or by secret ballot if 2/3 of the members present or represented so request. 

The decisions and resolutions of the Ordinary General Assembly shall be adopted by a majority of the votes cast. 

Article 12: POWERS OF THE ORDINARY GENERAL ASSEMBLY 

The Ordinary General Assembly: 

• elects the Chair, the two Vice-Chairs and chooses the country whose authority provides the Permanent Secretariat; 

• defines the orientations of the RAPDP; 

• if necessary, establishes committees and working groups; 

• approves the agenda and the minutes of its meetings, the revision of the statutes, the rules of procedure, the reports of the Chair, those of the committees and working groups, as well as the financial statements and accounts of the RAPDP; 

• issues statements, opinions, public communiqués and adopts appropriate resolutions to promote the achievement of its objectives; 

• approves applications for membership and decides on the suspension or reinstatement of a member; 

• determines the scale of fees upon a proposal by the Chair. 

Article 13: MEETING OF THE EXTRAORDINARY GENERAL ASSEMBLY 

The Extraordinary General Assembly may be convened at the request of the Chair or of two-thirds (2/3) of the members. 

The quorum of the Extraordinary General Assembly is reached if two-thirds (2/3) of the members confirm their presence. 

The decisions and resolutions of the Extraordinary General Assembly shall be adopted by a simple majority of the votes cast. 

If this quorum is not reached, the meeting is postponed to be held within one month upon simple convocation by the Chair. Voting is by simple majority. 

The conditions for deliberations shall be specified in the Rules of Procedure. 

Article 14: POWERS OF THE EXTRAORDINARY GENERAL ASSEMBLY 

The Extraordinary General Meeting shall exercise the following powers: 

• it shall consider any serious and/or urgent matter and take decisions accordingly; 

• it decides on the modification of the network statutes; 

• it decides on the dissolution of the RAPDP and, if necessary, on the allocation of the RAPDP's assets to a charitable organisation or to any other organisation pursuing the same goals. 

Article 15: CHAIRMANSHIP OF THE GENERAL ASSEMBLY 

The General Assembly is chaired by the Chair and, respectively in his absence, by the 1st Vice-Chair and, failing that, by the 2nd Vice-Chair. 

Article 16: COMPOSITION OF THE BUREAU

RAPDP is headed by a Bureau. 

The Bureau is composed of four (4) members: 

• The Chair; 

• The First Vice-Chair;

• The Second Vice-Chair;

• The Permanent Secretary who provides the secretariat of the Bureau;

The Chair of the RAPDP is elected by the General Assembly from among the members of the Network by an absolute majority of the present or represented members, for a non-renewable term of two (2) years. 

The Vice-Chairs are elected by the General Assembly under the same conditions as the Chair. They must represent a different linguistic background from that of the Chair. 

The Permanent Secretary is elected by the General Assembly.

Article 17: CHAIR’S ASSIGNMENTS 

The Chair shall ensure that the Bureau implements the decisions of the General Assembly and oversees the proper functioning of the Network. 

He/she represents the African Network in all acts of civil life.

He/she chairs the meetings of the General Assembly and the Bureau. 

He/she is the authorising officer of the budget of the Network; 

He/she may delegate his/her signature to the Permanent Secretary for acts of day-to-day administration, notably for expenditure and income not exceeding an amount defined in the act of delegation. 

Article 18: RESPONSIBILITIES OF THE BUREAU 

The Bureau is responsible for: 

• ensuring the implementation of the decisions of the General Assembly and any specific mandate resulting from it; 

• examining applications for membership and observer status for the current year and submitting them to the General Assembly for decision; 

• preparing the administrative and financial reports which it submits to the General Assembly for approval; 

• planning and organising the meetings of the General Assembly; 

• appointing an ad-interim replacement in the event of the withdrawal of one of the members of the Bureau until an ordinary or extraordinary General Assembly is convened under the conditions laid down by this Statutes; 

• arbitrating disputes between members concerning the affairs of the African Network or the interpretation of the Statutes; 

• issuing press releases and any other form of communication of the Network; 

• appointing representatives of the Network in international organisations and events in which the Network participates;

• setting up and animating the permanent website of the Network; 

• ensuring that RAPDP members are regularly informed of the work of the Bureau.

Article 19: MEETINGS OF THE BUREAU 

The Bureau shall meet at least two (2) times a year, by any means, on the initiative of the Chair or at the request of one of the Vice-Chairs. 

The Bureau shall freely determine the modalities and procedures for adoption of its deliberations, including electronic means or telephone if the members of the Bureau cannot be physically present. 

The Chair may invite any useful person to attend Bureau meetings in an advisory capacity. 

Minutes of meetings shall be drawn up under the responsibility of the Permanent Secretariat. 

The operating procedures of the Bureau shall be laid down in the Rules of Procedure. 

Article 20: PERMANENT SECRETARIAT 

RAPDP has a permanent Secretariat. 

The Permanent Secretariat is provided by a Supervisory Authority member of the RAPDP and elected at a General Assembly meeting. 

Article 21: ASSIGNMENTS OF THE PERMANENT SECRETARIAT 

The tasks of the Permanent Secretariat, under the authority of the Chair, are to: 

• ensure the implementation of the Bureau's decisions; 

• prepare the meetings of the Bureau and ensure the administrative management of the Network; 

• act as a contact point for RAPDP members, committees and working groups concerning the Network's activities and initiatives; 

• play a coordinating role of the Network's activities; 

• to study applications for membership of the Network; 

• maintain a directory of members and observers of the Network; 

• keeping a record of the minutes of meetings; 

• assist the Bureau in drawing up and implementing the Network's budget; 

• assist the Bureau in the preparation of the Network's financial and moral reports; 

• keep the documents and archives of the Network;

• report to the Chair on its management. 

Article 22: OPERATION OF THE PERMANENT SECRETARIAT 

The mode of operation and organisation of the Permanent Secretariat is defined by the Rules of Procedure adopted by the General Assembly. 

Article 23: RAPDP RESOURCES 

The resources of the RAPDP are made up of: 

• the annual contributions paid by the members; the amount is fixed by the General Assembly; 

• grants, donations and miscellaneous resources. 

Article 24: ENTRY INTO FORCE 

The present Statutes shall enter into force upon their adoption.