Côte d'Ivoire | Fact Sheet | Data Protection Africa

CÔTE D’IVOIRE

DATA PROTECTION FACTSHEET

Jon Harald Søby, Public domain, via Wikimedia Commons

DATA PROTECTION LAW IN PLACE

DATA PROTECTION AUTHORITY APPOINTED

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Fast Facts
Domestic Law
Privacy enshrined in Constitution: Yes, the Constitution of Côte d’Ivoire protects privacy under Article 8.

DPA legislation: Yes, data protection in Ivory Coast is governed by Law No. 2013-450, which details enforcement responsibilities for the Autorité de régulation des télécommunications/TIC de Cote d’Ivoire (ARTCI).

Under Law No. 2013-450, individuals have the right to:

obtain all of their personal data in an understandable form, as well as any available information as to the origin;

object, for legitimate reasons, to the processing of personal data concerning them;

oppose the processing of their personal data for prospecting purposes;

correct, supplement, update, lock, or delete personal data where it is inaccurate or incomplete; and

not be subject to decisions made on the sole basis of an automated processing that would produce significant or detrimental legal repercussions for them.
International Commitments
Scope of Application

Applies to natural persons: Yes

Applies to juristic persons: Yes

Applies to public entities: Yes

Domestic/personal purposes exclusion: Yes

National security exclusion: No

Law enforcement exclusion: No

Cabinet or Executive Council exclusion: No

Judicial functions exclusion: No

Journalistic, literary or artistic purposes exclusion: Yes

Temporary copies exclusion: Yes

Other exclusion(s): No

Broad or vague exclusions: No

Applies to foreign entities: Yes

Excludes foreign entities that only transit personal data through the country: No
Personal Data

Personal data is information in any information of any kind or media, including sounds or images, that directly or indirectly relate to an identified or identifiable, by reference to an identification number, or to one or more specific cultural, social, and economic factors specific to physical, physiological, genetic, or psychological identity.

Sensitive data is all personal data concerning a data subject’s philosophical opinions or religious activities, health, race, sexual life, political opinions, union membership, behaviours, judicial proceedings, or criminal or administrative sanctions.

The processing of sensitive data requires prior authorisation from ARTCI.
Collection and Processing
Personal data processing is considered legitimate if there is consent from the data subject. This requirement may be waived where processing is necessary for:

compliance with a legal obligation to which the controller is subject;

the performance of a public interest mission or the exercise of public authority;

the commencement or performance of a contract in the data subject’s interests or to which he is a party; or

safeguarding the interests or fundamental rights and freedoms of the data subject.

Personal data must be:

collected, recorded, processed, stored, transmitted, and interconnected in a fair and lawful manner;

collected for specified, explicit, and legitimate purposes and not further processed in a way incompatible with these purposes;

adequate, relevant, and not excessive in relation to those purposes for which it is collected and further processed;

accurate and updated, if necessary;

kept for no longer than the period necessary to achieve the purposes for which it was collected and processed; and

processed confidentially and protected especially when being transmitted over a network.

Interconnection of personal data shall:

not discriminate against or infringe on the fundamental rights, freedoms, and guarantees of holders of the data;

ensure the use of appropriate safety measures; and

take into account the principle of relevance.
Transparency

Notification that data is being processed: Yes

Notification to DPA in event of data breach: No

Notification to data subject in event of data breach: No

Timeframe for notification is specified: NA

Exceptions exist to breach notifications: NA

Requires a data processing register: Yes

Register is publicly available: Yes

Provides for terms of service icons: No

DPA must submit at least annual report: Yes

DPA report is made public: Unclear
Accountability

Explicit provision for civil liability: No

Established/designates a Data Protection Authority: Yes

DPA is empowered to investigate: Yes

DPA is empowered to subpoena or request evidence: No

Law provides for criminal penalties: No

Law provides for administrative penalties: Yes

DPA is independently structured (does not exist within or receive instructions from another public body): No

DPA receives funding directly from the state budget/legislative body: Yes

DPA may receive some forms of external funding/own revenue: Unclear

Adequate protections against undue removal: Yes

Number of members in DPA: 7

Maximum term length for members of the DPA (years): 6
Participation

Right of data subject to access a copy of their personal data: Yes

Right of data subject to request a correction of data: Yes

Right of data subject to request deletion of data: Yes

Justification required for a request for deletion: Yes

Defines the requirements for consent: Yes

DPA is mandated to participate in policy formulation: Yes
Cross-border Transfer
Automated Processing

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Page last updated: 23 May 2022