Law / Senegal

Décret 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, droits de la personne concernée

Décret n° 2008-721 du 30 juin 2008, arts. 45-62 (droits de la personne concernée)

archived copyRead 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=7207

In force.

A data subject rights rule binding public and private bodies.

Obligation class
Data subject rights, Disclosure
Audit expectation
none

What it requires

  • When you collect data in writing from the person, ask them on the collection document whether they wish to exercise the right to object.
  • When you collect data from the person other than in writing, ask them whether they wish to object, at the latest one month after collection and by a means that keeps proof; without that communication the right to object applies as of right.
  • When you did not obtain the data from the person, ask them, on any medium, whether they wish to exercise the right to object.
  • Let a person object to use of their data for prospecting, including commercial prospecting, without giving any reason.
  • Tell a person in writing what you did about their request to rectify or delete data about them.

These lines are LexLint's reading of the law's text.

What it makes you log

Logging duty

Articles 45 to 62 set the information, access, objection, rectification and deletion procedures. Article 50 requires a written answer to an access request and Article 62 a written notice of the steps taken on a request to rectify or delete; a written answer to the person is a communication and not a record the controller is required to keep. No cited article requires a log or register. None of the cited articles carries a scope clause.

Kind
None
As of

What this law does

Drafted with AI

Drafted with AI from the cited sources under the direction of UnGovr staff. UnGovr holds editorial responsibility for this page. How this site is made

Research summary

Legal information, not legal advice. This is LexLint's own research summary of a public legal source, and it creates no attorney-client relationship. For decisions that matter, consult qualified counsel in the relevant jurisdiction. About LexLint

Article 46 requires a questionnaire used to collect data to state the identity of the controller or its representative, the purpose, whether answers are mandatory or optional, and the rights of access, objection, rectification and deletion.

Article 48 lets any person obtain information on the data held about them by a signed and dated written access request addressed to the controller, its representative in Senegal or its agents, or to the processor, which passes it to one of them where applicable. Article 50 requires the controller's response to an access request to be in writing.

Article 54 grants consultation of the data of a deceased person where the requester shows an interest and no overriding interest of relatives or third parties opposes it. Article 57 gives the CDP four months from notification to rule on any request for access to information.

Articles 58 to 60 require the controller to ask the person whether they wish to exercise the right to object, when collecting data in writing, when collecting it otherwise than in writing, and when the data were not obtained from the person. Article 61 lets a person object without any justification where the data are to be used by the controller for prospecting, notably commercial prospecting.

Article 62 requires the controller or the CDP to inform a person in writing of the steps taken on their request to rectify or delete data. 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 or sends automated outreach.

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