Loi n° L/2016/037/AN, protection des données à caractère personnel, catégories de données sensibles

Article 54 prohibits, on pain of criminal reclusion (réclusion criminelle) of ten to twenty years and a fine of 300,000,000 to 600,000,000 Guinean francs, collecting or processing, or attempting to collect or process, personal data revealing ethnic, racial or regional origin, filiation, political opinions, religious or philosophical convictions, trade-union membership, sex life, genetic data, or health.

The prohibition does not apply where the data has manifestly been made public by the data subject, where genetic or health data processing is necessary to safeguard the vital interests of a person unable to consent or to establish, exercise or defend a legal right, where a judicial procedure or criminal investigation is open, or in the legitimate activities of a non-profit political, philosophical, religious, mutualist or trade-union body concerning its own members.

Article 54 requires every excepted processing to be authorized and controlled, in its design and implementation, by the authority in charge of personal data protection. A legal person that commits the offence faces a fine of 150,000,000 to 800,000,000 Guinean francs.

Article 1 defines sensitive data as personal data relating to religious, philosophical, political or trade-union opinions or activities, sex life or race, health, social-order measures, prosecutions, and criminal or administrative sanctions.