English
In this Proclamation, unless the context requires
otherwise,
1/ “Data” means information that:
a) Is being processed by means of equipment
operating automatically in response to
instructions given for that purpose ;
b) Is collected with the intention that it should
be processed by means of such equipment
mentioned in lit.
(a) ;
c) Is recorded as part of a filing system or with
the intention that it should form part of a
filing system ;or
d) Does not fall within lit. (a),
(b) or
(c) of this
Sub article but forms part of any other
accessible public record;
2/ “ Personal Data” means any information
relating to an identified or identifiable natural
person who can be identified , directly or
indirectly , in particular by reference to an
identifier such as a name, an identification
number, location data , an online identifier or
to one or more factors specific to the physical,
physiological , genetic , mental , economic ,
cultural or social identity of that natural
person;
3/ “Genetic Data” means personal data relating to
the general characteristics of an individual
which are inherited or acquired and which
provide unique information about the
physiology or health of the individual and which
result, in particular, from an analysis of a
biological sample from the individual in
question;
4/ “Traffic Data” means any data relating to a
communication by means of a computer system
and generated by the system that form part in
the chain of communication, indicating the
communication’s origin, destination, route,
time, date, size, duration, or type of underlying
service;
5/ “Sensitive Personal Data” means natural person
data on:
a) Racial or ethnic origins;
b) Genetic or biometric data;
c) Physical or mental health or condition;
d) Political opinions;
e) Membership of a professional association ;
f) Religious beliefs or other opinion of a
similar nature;
g) The commission or alleged commission of
an offence;
h) Any proceedings for an offence committed
or alleged to have been committed, the
disposal of such proceedings or the
sentence of any court in the proceedings;
i) Communications data, including content and
metadata; or
j) Any other personal data that the Authority
may determine as sensitive personal data
from time to time.
6/ “Biometric Data” means facial images,
fingerprints, iris scans, or any other similar
personal data resulting from specific technical
processing relating to the physical, physiological
or behavioural characteristics of a natural
person, which allow or confirm the unique
identification of that natural person;
7/ “Personal Data Breach” means breach of
security leading to the accidental or unlawful
destruction, loss, alteration, unauthorized
disclosure of, or access to, personal data
transmitted, stored or otherwise processed;
8/ “Profiling” means any form of automated
processing of personal data consisting of the use
of personal data to evaluate certain personal
aspects relating to an individual, in particular to
analyze or predict aspects concerning that
individual’s performance at work, economic
situation, health, personal preferences, interests,
reliability, behavior, location or movements;
9/ “Data Subject” means an individual who is the
subject of personal data;
10/ “Data Controller” means any person which,
alone or jointly with others, process personal
data and determine the purpose and means of
processing of personal data;
11/ “ Data Processor ” means any person other than
an employee of the data controller who
processes the data on behalf of the data
controller;
12/ “ Data Recipient ” means any person to whom
personal data are disclosed or made available;
13/ “Data Protection Officer” means a natural
person assigned in an organization with a
responsiblties of controlling data handling ,
administration and usage
14/ “Consent” means any freely given specific,
informed and unambiguous indication of the
wishes of a data subject, either by
a) A written statement;
b) Verbal affirmations; or
c) Any clear affirmative action by which he
signifies his agreement to personal data
relating to him being processed;
15/ “Minor” means a data subject below the age of
sixteen years;
16/ “ Processing ” means an operation or set of
operations performed on personal data or sets
of personal data, whether or not by automated
means, such as collection, recording,
organization, structuring, storage, adaptation
or alteration, retrieval, consultation, use,
disclosure by transmission, dissemination or
otherwise making available, alignment or
combination, restriction, erasure or
destruction;
17/ “Restriction of Processing” means the marking
of stored personal data with the aim of limiting
their processing in the future;
18/ “Encryption” means the process of
transfroming data into a form that can not be
read by a person or machine other than the
authorized person through the use of technical
method.
19/ “Confidentiality” means the principle of
preventing personal data from being seen,
disclosed, transmitted or used by unauthorized
parties.
20/ “Completeness” is a term that referes to the
extent to which the content to be included in
personal data is complete and accurate ;
21/ “ Document ” means
a) a disc, tape or other device in which
information other than visual images are
embodied so as to be capable, with or
without the aid of some other equipment, of
being reproduced from the disc, tape or
other device; or
b) a film, tape or other device in which visual
images are embodied so as to be capable,
with or without the aid of some other
equipment, of being reproduced from the
film, tape or other device;
22/ “ Register” means the register kept and
maintained by the Authority;
23/ “Accessible Record” means a health record,
an education record, or any other accessible
public record which contains personal data;
24/ “Health Record” means personal data related
to the physical or mental health of a natural
person, including the provision of health care
services, which reveal information about his
health status;
25/ “Filing System” means a structured set of
personal data which is accessible according
to specific criteria, whether centralized,
decentralized or dispersed on a functional or
geographical basis;
26/ “Automated Device” means a device that
makes decisions , intiates or implements
actions without interventions , based on
certain environmental conditions , time or
data based on pre arranged algorithm and
configuration .
27/“Proceedings” means any proceedings
conducted by a court or an alternative dispute
resolution mechanism; and may include an
inquiry or investigation into a criminal offence;
and disciplinary proceedings;
28/ “Direct marketing” means the communication
of any advertising or marketing material which
is directed to any particular individuals;
29/ "Default" means a pre-set or standard
configuration, setting or nature of a system,
software or device in a technology;
30/ "Design" is a plan used or to be used to
create systems or services;
31/ “Pseudonymization” means the processing of
personal data in such a manner that the
personal data can no longer be attributed to a
specific data subject without the use of
additional information and the additional
information is kept separately and is subject
to technical and organizational measures to
ensure that the personal data are not attributed
to an identified or identifiable individual;
32/ “Identifiable Natural Person” means one who
can be identified, directly or indirectly, in
particular by reference to an identifier such as a
name, an identification number, phone number,
IP address, location data, an online identifier or
to one or more factors specific to the physical,
physiological, genetic, mental, economic,
cultural or social identity of that natural
person;
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33/ “Third party” means person other than the data
subject, data controller, data processor or
persons who, under the direct authority of the
data controller or data processor, are authorized
to process personal data;
34/ “Third Party Jurisdiction” means a country
other than Ethiopia, and an international
organization and its subordinate bodies
governed by public international law, or any
other body which is set up by, or on the basis
of, an agreement between two or more
countries;
‹‹ ‹‹35/ “Delegated Entity” means a Federal or
Regional public body which is delegated by
the Authority to perform the powers and
functions entrusted to the later by this
Proclamation;
36/ “Authority” means the Ethiopian Communications
Authority established as per the Communications
Proclamation No. 1148/2019;
37/ “Ministry” or “Minister” means the Ministry
or the Minister of Innovation and Technology
respectively;
38/ “House” means the House of Peoples’
Representative of the Federal Democratic
Republic of Ethiopia;
39/ “Person” means a physical or legal person; and
40/ Any expression in the masculine gender shall
include the feminine.
