EritreaCivil Code of the State of Eritrea, Personality Rights (Image and Correspondence)
A data subject rights rule binding public and private bodies.
- Criminal exposure
- No
- Private right of action
- Yes
- Obligation class
- Consent
- Audit expectation
- none
What it requires
- Do not exhibit, reproduce, or offer for sale a person's photograph or image without that person's consent, unless the image concerns a fact, event, or ceremony of public interest or one that took place in public, or the person's notoriety, public office, or the requirements of justice, police, or a scientific, cultural, or didactic interest justifies the use.
- Do not divulge the contents of a confidential letter, electronic message, or other private communication addressed to another person without the consent of its author.
These lines are LexLint's reading of the law's text.
In the frameworks
- NIST Privacy Framework
- CT.PO-P1Policies, processes, and procedures for authorizing data processing (e.g., organizational decisions, individual consent), revoking authorizations, and maintaining authorizations are established and in place.
Our reading of where this law's duties sit in each framework. It never says that running a control meets the law. How we read a framework against the law
Who enforces it
Enforcement body
Private plaintiffs in the Court: the person whose image is used, or, for a deceased person or one unable to manifest their will, the relatives named in the Code (arts. 28 and 29). No administrative authority is named.
Settledness
- As of
- Open questions
- Is the Civil Code of the State of Eritrea operative, given that its prelude says only that the Code "is now being presented to be operative"?
What it makes you log
Logging duty
Articles 26 to 30 of the Civil Code bar exhibiting, reproducing or selling a person's image without consent (Article 26), list the exceptions (Article 27), give the person a right to stop the use and claim damages (Articles 28 and 29), and bar the addressee of a confidential letter from divulging it without its author's consent (Article 30). The consent they require is a condition on use, with no duty to record it, and no article asks for a log, register or audit. The articles contain no scope clause, so the territorial hook is empty.
- Kind
- None
- As of
What this law does
Article 26 provides that the photograph or image of a person may not be exhibited in a public place, reproduced, or offered for sale without that person's consent. Article 27 excuses the consent requirement where the reproduction is justified by the person's notoriety, the public office they held, the requirements of justice or the police, a scientific, cultural, or didactic interest, or where the image concerns facts, events, or ceremonies of public interest or that took place in public.
Article 28 lets the person demand that an unauthorized exhibition or offer for sale be stopped, and lets the Court award damages, capped at the enrichment the user derived, with moral-prejudice damages available if the use does not stop once demanded.
Article 30 makes the contents of a confidential letter, electronic message, or other private communication inviolable: the addressee may not divulge its contents without the author's consent, though the addressee may produce it in judicial proceedings on a showing of a legitimate interest. The Civil Code was issued by the Ministry of Justice on , and the Library of Congress describes the Eritrean government's position on whether the 2015 codes have taken effect as unclear.
When LexLint raises it
When your app profile says your app generates images with AI, generates video with AI or processes personal data.
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