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, données génétiques, recherche médicale et traitements ultérieurs
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.
A sensitive categories rule binding public and private bodies.
- Obligation class
- Consent, Disclosure
- Audit expectation
- none
What it requires
- Inform people received in prevention, diagnosis and care establishments, by a document or another appropriate means, when their data are transmitted for medical research processing.
- Make data anonymous or coded before you communicate them to a third party for later historical, statistical or scientific processing.
- Do not make the results of historical, statistical or scientific processing public in a form that identifies a person, unless the person expressly consented or the data are limited to data the person manifestly made public.
These lines are LexLint's reading of the law's text.
What it makes you log
Logging duty
Article 33 lists the contents of a file submitted to the CDP, Article 36 requires information to be given to patients and Articles 37 and 38 require anonymization or coding before disclosure and limit publication of results. A file and an information notice are not a record the controller keeps, and none of the cited articles requires a log. None of the cited articles carries a scope clause.
- Kind
- None
- As of
What this law does
Article 33 sets out what a request for an opinion or authorization to process genetic data or medical research data must contain, including the identity and qualifications of the controller and the research lead, the research protocol, and any earlier scientific or ethical opinions.
Article 36 requires people received in establishments or centers for prevention, diagnosis and care, whose data are transmitted for processing for medical research, to be informed by handing them a document or by another appropriate means. Article 37 requires data to be made anonymous or coded before the controller communicates them to a third party for later historical, statistical or scientific processing.
Article 38 bars making the results of historical, statistical or scientific processing public in a form that identifies the person, unless the person expressly consented or the data published are limited to data the person manifestly made public. Article 40 disapplies Articles 37 and 38 for processing concerning public security, defence, the investigation and prosecution of criminal offences, or State security. 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 handles health records or processes personal data.
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