Mozambique

Article 2 applies the Law to natural and legal persons, public or private, that apply information and communication technologies in their activities, including electronic or commercial transactions and electronic government.

Article 63 requires any data processor who electronically collects, processes, or discloses personal data to keep it accurate, complete, and up to date, and to disclose the purpose of collection and the processor's identity before collecting it, limiting later use to that stated purpose; where data was not collected from the data subject directly, the processor must on request give the subject the reason for collection and the processor's identity, with an exception where notice is impossible, disproportionately burdensome, permitted by law, or the data is collected for statistical, historical, or scientific purposes.

Article 63(5) requires the processor to protect personal data against risk, loss, unauthorised access, destruction, use, modification, or disclosure. Article 63(6) gives every person the right to obtain from a data controller confirmation of whether it holds data about them, and to remove, rectify, complete, or alter that data on acceptance of their request.

Article 63(8) exempts electronic collection, processing, or disclosure of personal data for journalism, artistic or literary expression, or when decided by the competent authorities to safeguard public security and national defence.

Article 64 bars accessing computerised archives, files, records, or databases to learn a third party's personal data, and bars transferring personal data between different information systems belonging to distinct services or institutions, except where established by legal instrument or judicial decision.

Article 65 requires the data processor to designate an individual responsible for data protection and to safeguard retained information, including information transferred to a third party for processing, subject to the same journalism, artistic-expression, and public-security exemptions as Article 63. Article 67(m) makes violating the data-processor obligations of this chapter a punishable contravention.

Article 68(c) sets the fine for that contravention at 30 to 90 times the public-service minimum wage, decided by the sector regulator under Article 69, unless a more severe penalty applies under separate criminal legislation.

Article 2 applies the Law to natural and legal persons, public or private, that apply information and communication technologies in their activities.

Article 67 lists as contraventions: (a) illegal access to all or part of a computer system or computer network by violating security measures, with intent to obtain data or another dishonest intent; (b) illegal interception, by technical means, of private data transmissions to, from, or within a computer system or network; (c) data interference, meaning the intentional and undue damaging, deletion, deterioration, alteration, or suppression of data; (d) system interference, meaning intentionally affecting the functioning of a computer system or network through the introduction, transmission, damaging, deletion, deterioration, alteration, or suppression of data; and (e) misuse of devices, meaning intentionally and without permission causing another's loss of property through introducing, altering, deleting, or suppressing data or interfering with a computer system's or network's functioning.

Article 68(a) sets the fine for these five contraventions at 40 to 90 times the public-service minimum wage, without prejudice to a more severe penalty under separate criminal legislation. Article 69 gives the sector regulator jurisdiction to process and decide contravention cases, and Article 70 allows direct appeal to the competent judicial court.

On the text of Article 67(a), illegal access requires violating a security measure with an intent to obtain data or another dishonest intent; reading a public, unauthenticated page without defeating a security measure has not itself been held to violate this article.

Article 7(1) excludes from copyright protection: official texts of a legislative, administrative, or judicial nature and their official translations; news of the day and reports of events of a merely informational character; mere facts and data; political speeches, unless collected in a volume by their authors; ideas, processes, operational methods, or mathematical concepts, principles, or discoveries; and titles that are a generic, necessary, or usual designation of the theme or object of a work of a given genre, or that consist exclusively of the names of historical or mythological characters or of living public figures.

Article 7(2) allows the official texts named in Article 7(1)(a) to incorporate protected works without the rightholder's prior consent and without any compensation for the incorporation. The Law repeals the prior copyright statute, Lei n.º 4/2001, de 27 de Fevereiro.