The Justiciability of Data Protection Principles: A Cameroonian Perspective

Abstract

The 21st century has been defined by rapid technological advancement and the incessant collection and

processing of personal data. While Cameroon has formally embraced these developments by positing

the principles governing data protection in the recent 2024 Law, the justiciability of these principles

remains a precarious prospect. This paper critically examines the justiciability of these principles,

appraising the legal, institutional, and practical constraints hindering their effective enforcement. The

paper contends that these principles embody the rights of data subjects and thus, violation should result

in legal recourse for where there is a right, there is a remedy. Adopting a qualitative approach, the paper

reveals that establishing and proving a legal claim for violation of these principles are a difficulty for

data subjects. This is further compounded by the lack of expertise among investigating officers in

Cameroon and jurisdictional issues. This analysis exposes how these constraints collectively undermine

the potential of legal recourse for data subjects who have suffered wrong as a result of such violations.

By advocating for institutional reforms, the paper suggests adequate training of investigating officers

on emerging technologies and the use thereof, for judicial purposes, capacity building of data subjects

in same regard, and transparency/accountability by data controllers.