MadagascarDecree No. 2023-1541, procedure for data subject rights
Décret n° 2023-1541, arts. 56-58 (droits des personnes)
In force.
A data subject rights rule binding public and private bodies.
- Obligation class
- Data subject rights
- Audit expectation
- none
What it requires
- Rule on a data subject's objection within eight days of the request, which may be made orally, in writing or by email; silence after eight days counts as a refusal.
- To refuse an objection, show that the processing meets legitimate and compelling grounds.
- Carry out the measures the CMIL orders after an access request to prevent concealment or disappearance of the data, and write the report on them that the CMIL requires.
These lines are LexLint's reading of the law's text.
What it makes you log
Logging duty
Articles 56 to 58 set the procedure for objection, protective measures after an access request and indirect access. They state no duty to create, keep or produce a log or record.
- Kind
- None
- As of
What this law does
Article 56 of Decree No. 2023-1541 requires a data subject to exercise the right of objection with the controller before turning to the CMIL, by a request made orally, in writing or by email that names the data to be deleted and the legitimate reason for the objection. The controller must rule on the objection within eight days of the request, and its silence after that period counts as a refusal.
To contest an objection, the controller must show that the processing meets legitimate and compelling grounds. Article 57 lets a data subject ask the CMIL to order the measures needed to prevent concealment or disappearance of the data after an access request. The CMIL notifies the measures it orders to the controller with a deadline for carrying them out and a duty to report on them.
Article 58 requires a request for indirect access or rectification, where the processing concerns State security, defense or public security, to come with a copy of the requester's identity document and any useful document.
When LexLint raises it
When your app profile says your app processes personal data.
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