Personal Data Protection and Safeguarding Draft Act June 2019 8. Ensure that any rules on the deletion of public information are balanced with freedom of expression and the public interest in accessing information and historical archiving by applying ARTICLE 19’s seven-part test to the “right to be forgotten” in Article 9. 9. Remove requirements that all personal data be subject to data localisation. 10. Amend Article 12 to include an explicit exemption for personal information relating to public activities of public officials or others acting under public authority or spending public money to reflect the right of information enshrined in the Constitution and the public interest in obtaining information. 11. The Draft Act should specifically recognise the public interest provisions granted by the Publication and Free Access to Information Act to public bodies and ensure that the public interest is considered in any request. 12. Clarify Article 10 to ensure that persons have full and free access to their personal information held by third parties except in limited instances allowed under international law, most notably ICCPR General Comment No 16. Define what “public classified information” means under Article 10. 13. Grant data subjects a right of correction. 14. Ensure that the Commission is fully independent from the government and give it binding powers to order stopping of processing, correction, release of personal information to the subject, and other powers. 15. Give individuals a specific right to appeal the Commission’s decisions to a court. ARTICLE 19 – Free Word Centre, 60 Farringdon Rd, London EC1R 3GA – www.article19.org – +44 20 7324 2500 Page 3 of 58