Sends automated texts, in Niger

Loi n° 2022-59, arts. 51-52 (part) et 68-76 (droits des personnes concernées) · Read the law's page

• Give the data subject information about the processing no later than the time you collect their data.
• Let a data subject access their data directly, on-site or by copy, and answer their request; where direct access is impossible for processing touching state security, defence or public safety, route the request through the HAPDP instead.
• Correct, complete, update, lock or erase inaccurate, incomplete, ambiguous or outdated data within one month of a request from the person or a deceased person's heirs.
• Do not use a person's data for direct marketing without their prior consent, and stop processing their data for direct marketing, free of charge, as soon as they object, telling them of that right before you first use or disclose their data for that purpose.
• Erase a person's data on request where consent is withdrawn, the processing purpose has lapsed, the processing is unlawful, or the data concerns a minor, unless a listed retention ground applies.
• Where you have made a person's data public online, take reasonable steps, including technical measures, to tell any third party processing that data to remove links to it, or any copy or reproduction, on the person's request (the right to digital erasure).
• Let a person obtain a temporary freeze on the use of some of their data on request (the right to restriction of processing).
• Give a person a copy of their data in a structured, commonly used, machine-readable electronic format on request, and do not oppose the person transmitting their data to another controller, as far as the state of technology allows.
• Let a person know and contest the information and reasoning used in any processing of their data, automated or not, whose results are used against them, and, where the processing involves artificial intelligence, tell them the criteria and the nature of the personal data behind it from the point of collection.

Loi n° 2022-59, arts. 87-110 (contrôle, sanctions administratives, dispositions pénales et recours) · Read the law's page

• Comply with a HAPDP warning or formal notice to end a violation within the deadline it sets, or risk provisional or definitive withdrawal of your processing authorisation and a pecuniary sanction.
• Expect the HAPDP to be able to order the interruption of a persistent unlawful processing operation, the locking of the data concerned, or a temporary or permanent ban on the processing, after a contradictory procedure.
• Expect a pecuniary sanction proportional to the seriousness of the violation, capped at 100,000,000 CFA francs, rising to 200,000,000 francs, or, if you are a company, to 5 percent of your previous financial year's turnover excluding tax up to 500,000,000 francs, for a repeat violation within two years.
• Expect criminal liability on top of any pecuniary sanction for specific violations such as illicit processing of sensitive data, purpose diversion, unauthorised disclosure, fraudulent collection, unlawful retention, or obstructing a data subject's rights or the HAPDP, punished by imprisonment and a fine reaching, for the most serious offences, five years and 50,000,000 francs.
• Give a control agent the HAPDP assigns access to the premises and installations where you carry out processing, other than a private home, to verify your compliance.
• Let a data subject complain to the HAPDP, including after an unanswered complaint to you, and expect a judicial remedy independent of that complaint, including urgent injunctive relief for a serious and immediate violation of their rights.