Law No. 2014-038, protection of personal data
Loi n° 2014-038 sur la protection des données à caractère personnel arts. 1-2, 5-17, 21, 43-49, 51-54 (dispositions générales, champ d'application, principes fondamentaux, formalités préalables et délégué à la protection des données)
In force since .
A comprehensive regime rule binding public and private bodies.
- How the hook was established
- express
- What makes it apply
- Operator establishment
- Obligation class
- Consent, Retention, Security, Governance, Licensing
- Audit expectation
- on_request
- Who audits it
- Regulator
What it requires
- Collect and process personal data fairly, lawfully, and only for determined, explicit, and legitimate purposes, and do not use it later for another purpose without the data subject's consent or a purpose the law itself provides.NIST Privacy FrameworkGV.PO-P1
- Keep personal data adequate, relevant, accurate, and no longer than those purposes require, unless it is kept for archival, historical, statistical, or scientific purposes under the safeguards the law or the CMIL sets.NIST Privacy FrameworkGV.PO-P1
- Have the data subject's consent, or another of the five lawful grounds in article 17, before processing personal data.NIST Privacy FrameworkCT.PO-P1
- Take security precautions appropriate to the data and the risk, to prevent unauthorized access, alteration, loss, or disclosure.NIST Privacy FrameworkPR.DS-P5
- Process data on a subcontractor's behalf only on the controller's instructions, and use only a subcontractor that offers sufficient guarantees to implement the required security measures.NIST Privacy FrameworkID.DE-P2NIST Privacy FrameworkCT.PO-P1
- As a provider of electronic certification services, collect the personal data needed for a signature certificate directly from the data subject, unless the data subject expressly consents otherwise.NIST Privacy FrameworkGV.PO-P1
- Declare a processing operation to the CMIL before implementing it, or obtain its prior authorization first where the processing presents a particular risk to rights and freedoms or to privacy.NIST Privacy FrameworkGV.PO-P5
- Designate a data protection officer to keep the processing register current, advise on new processing before it starts, take in data subjects' requests and complaints, and escalate an uncorrected breach to the CMIL.NIST Privacy FrameworkGV.PO-P3
These lines are LexLint's reading of the law's text.
In the frameworks
- NIST Privacy Framework
- ID.DE-P2Data processing ecosystem parties (e.g., service providers, customers, partners, product manufacturers, application developers) are identified, prioritized, and assessed using a privacy risk assessment process.
- GV.PO-P1Organizational privacy values and policies (e.g., conditions on data processing such as data uses or retention periods, individuals’ prerogatives with respect to data processing) are established and communicated.
- GV.PO-P3Roles and responsibilities for the workforce are established with respect to privacy.
- GV.PO-P5Legal, regulatory, and contractual requirements regarding privacy are understood and managed.
- 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.
- PR.DS-P5Protections against data leaks are implemented.
- NIST CSF 2.0
- GV.SC-05Requirements to address cybersecurity risks in supply chains are established, prioritized, and integrated into contracts and other types of agreements with suppliers and other relevant third parties
- FINOS AIGF
- AIR-PREV-005System Acceptance Testing
- AIR-PREV-006Data Quality & Classification/Sensitivity
- AIR-PREV-007Legal and Contractual Frameworks for AI Systems
- AIR-PREV-008Quality of Service (QoS) and DDoS Prevention for AI Systems
- AIR-PREV-012Role-Based Access Control for AI Data
- AIR-PREV-014Encryption of AI Data at Rest
7 more
- AIR-PREV-017AI Firewall Implementation and Management
- AIR-PREV-020MCP Server Security Governance
- AIR-PREV-024Human-in-the-Loop Action Approval Gate
- AIR-DET-001AI Data Leakage Prevention and Detection
- AIR-DET-004AI System Observability
- AIR-DET-011Human Feedback Loop for AI Systems
- AIR-DET-021Agent Decision Audit and Explainability
Our reading of where this law's duties sit in each framework, and in the NIST Privacy Framework, line by line beside each duty above. It never says that running a control meets the law. How we read a framework against the law
What it makes you log
Who may demand the log
Regulator
Logging duty
Article 43 requires computerized processing to be entered in a register kept by the data protection officer the controller designates, and Article 51 has that officer keep the register of processing up to date and prepare an annual report of activities held at the Commission's disposal. The register's contents are not listed in Articles 43 or 51 (Article 49 lists what a declaration to the Commission holds, which is a filing and not a kept record), so no log-content value applies. The annual report is the officer's own activity report, not an audit of the register, and the Commission's right to have it is the only check these articles name. Articles 14 and 44 to 47 speak of the period data is kept, which limits the data and sets no period for the register. The Commission's inspection power is Article 50, cited on the Commission row. Of Article 6's two prongs, the establishment prong is coded; the prong that turns on processing means located in Madagascar and Article 5's processing carried out on the territory name no hook value.
- Kind
- Explicit
- As of
- Provision
- Articles 43 and 51
- Trigger
- personal_data_processing
What this law does
Article 1 states that the law protects the rights of persons regarding the processing of personal data, and article 2 requires that information technology serve every person and respect human dignity, human rights, privacy, and individual or public freedoms, recognizing a right to the protection of personal data for everyone.
Article 5 applies the law to any automated or non-automated processing of personal data contained in or intended to be included in files, carried out in whole or in part on Malagasy territory, excluding only purely personal activity and processing for the sole purposes of journalism or literary or artistic expression. Article 6 reaches a controller established on Malagasy territory and a controller established elsewhere who uses means of processing located there, other than for mere transit.
Articles 7 to 13 define personal data, processing, a controller, a subcontractor acting on the controller's instructions, a recipient, the data subject, and consent as a free, specific, and informed manifestation of will.
Article 14 requires personal data to be collected and processed fairly, lawfully, and without fraud for determined, explicit, and legitimate purposes, barring later use for another purpose without the data subject's consent or a purpose the law itself sets, and requires it to be adequate, relevant, accurate, and kept no longer than those purposes need, subject to an exception for archival, historical, statistical, or scientific retention under safeguards the law or the CMIL defines.
Article 15 requires the controller to take precautions appropriate to the data's nature and the risks involved to preserve its security, protecting processing and data against accidental or unlawful destruction, accidental loss, alteration, disclosure, or unauthorized access. Article 16 lets processing be subcontracted only on the controller's instructions and only to a subcontractor offering sufficient guarantees to implement the required security measures.
Article 17 requires the data subject's consent or one of five alternative lawful grounds: a legal obligation, safeguarding the data subject's life, a public-service mission, performance of a contract, or the controller's or recipient's legitimate interest, subject to the data subject's own rights and interests.
Article 21 requires a provider of electronic-certification services to collect the personal data needed to issue and store signature certificates directly from the data subject, unless the data subject expressly consents otherwise. Article 43 makes declaring a processing operation to the CMIL a precondition of implementing it, with the operation then entered in a register the controller's data protection officer keeps.
Articles 44 to 46 set the corresponding formalities: public-sector processing needs a regulatory act adopted after the CMIL's reasoned favorable opinion, private-sector processing needs a prior declaration for which a receipt issues without delay, and processing presenting a particular risk to rights and freedoms or to privacy needs the CMIL's prior authorization.
Articles 47 to 49 let the CMIL publish simplified-declaration or exemption norms for the most common categories of processing, require it to rule on a declaration or authorization request within two months, renewable once, with silence read as a refusal, and fix what a declaration or request must contain, including the controller's identity, the processing's purposes, any interconnection with other processing, the data categories and their retention period, the recipients, the security measures, and any subcontractor used.
Article 51 requires every controller to designate a data protection officer who keeps the processing register current, is consulted before any new processing begins, advises the CMIL when in doubt, receives requests and complaints from data subjects, tells the controller of any breach found before referring it to the CMIL if the controller does not fix it, and produces an annual activity report.
Article 52 exempts a controller who has designated a data protection officer from the ordinary declaration formalities, except where the processing needs the CMIL's authorization, and articles 53 and 54 require the officer to be independent, free of conflicting duties, bound to confidentiality, and removable only for serious cause after the CMIL is told.
When LexLint raises it
When your app profile says your app processes personal data.
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