SenegalDécret n° 2008-721 du 30 juin 2008 portant application de la loi n° 2008-12 du 25 janvier 2008 sur la protection des données à caractère personnel, Commission des données personnelles, contrôles et sanctions
archived copy
Read from a public archive copy, not the publisher directly. The publisher does not serve this page to automated readers, so a direct fetch was not an option here; how we access sources. Archived 2022. Publisher's page: http://www.jo.gouv.sn/spip.php?page=imprimer&id_article=7207In force.
An enforcement supervision rule binding public and private bodies.
- Enforcement body
- Commission de Protection des Données à Caractère Personnel (CDP)
- Obligation class
- Governance, Reporting
- Audit expectation
- on_request
- Who audits it
- Regulator
What it requires
- Comply with a formal notice within the period it sets, because the notice states the breaches found and the deadline for ending them.
- Expect the CDP to hear you before any sanction other than a warning, on at least fifteen days' notice, or eight days in an emergency.
- Expect a pecuniary sanction from the CDP if you do not meet your obligations, unless the processing is carried out by the State or by a private-law legal person managing a public service.
- Expect any sanction decision to state its legal and factual grounds and the means and time limits of appeal, and to be published in the Journal officiel within one month of becoming final.
These lines are LexLint's reading of the law's text.
What it makes you log
Logging duty
Articles 2 to 19 set out how the CDP is run and how it inspects, Articles 55 to 57 its powers after a verification and Articles 67 to 75 the formal notice, the pecuniary sanction and the hearing. These are the CDP's own procedures and records, such as the minutes of each inspection under Article 16, and not a duty on a controller to keep a log or record. None of the cited articles carries a scope clause.
- Kind
- None
- As of
What this law does
Article 11 opens the register of personal data processing to the public, except for information concerning State security, defence or public safety. Article 13 requires every inspection, on site or on summons, to be decided by a CDP decision naming the controller, the rapporteur and other inspectors, and the object and duration of the operation. Article 15 requires the competent public prosecutor to be informed of an inspection at the latest twenty-four hours before an on-site inspection.
Article 16 requires a procès-verbal, an official record, of every inspection, stating its nature, day, hour and place. Article 67 requires the formal notice to state the breaches found and to set the period within which the controller must have ended them. Article 68 lets the CDP impose a pecuniary sanction on any controller that has not met its obligations, except where the processing is carried out by the State or by a private-law legal person managing a public service.
Article 74 requires a controller facing any sanction other than a warning to be told the date of the CDP session and its right to be heard, with a summons reaching it at least fifteen days beforehand, or eight days in an emergency. Article 75 requires every sanction decision to state its legal and factual grounds and the means and time limits of appeal, and requires publication of the decision in the Journal officiel within one month of the day the sanction becomes final.
The decree was signed at Dakar on . The decree was published in Journal officiel n° 6443 of , according to the ILO NATLEX record. Article 76 charges the Prime Minister and the ministers with applying the decree, which is to be published in the Journal officiel.
When LexLint raises it
When your app profile says your app processes personal data.
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