Art 44- The person responsible for the processing shall take all appropriate measures to
ensure that personal data processed can be exploited regardless of the support used.
Art 45- shall be punished with imprisonment from one month to two years and one million to
10 million CFA francs fine whoever obstructs the data Protection Body:
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Either by opposing the exercise of the tasks entrusted to its members or authorized agents in
accordance with the provisions of this Act;
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Or by refusing to disclose to its members or authorized agents, information and documents
necessary for their mission, or concealing such documents or information, or making them
disappear;
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Or by providing information that is not consistent with the content of the records as it was at
the time the request was made or does not present this content in a directly accessible form .
The prosecutor or the competent investigating judge is informed without delay of the barriers
to actions of the data Protection Body and shall take all appropriate measures to withdraw
them and prosecute the perpetrator or accomplice.
CHAPTER 7
The personal data protection Body
Art 46- The mission of the personal date Protection Body is entrusted to the independent
administrative body responsible for the regulation of Telecommunications and Information
and Communication Technologies.
In this regard, the Protection Body shall ensure that processing of personal data be
implemented in accordance with the provisions of this Law and its implementing regulations.
Art 47 – The data Protection Body ensures that the use of Information and Communication
Technologies shall not affect or does not include a threat to freedom and privacy for users
located throughout the national territory.
In this capacity, it is responsible for:
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informing the persons concerned and the officers handling of their rights and duties;
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responding to any request for advice on processing of personal data;
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Establishing an by law that spell out the rules relating to the proceedings, the investigation
and presentation of cases;
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receiving reports and granting authorizations for the implementation of personal data
processing, or withdrawing them as provided by this Law;
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receiving claims and complaints relating to the implementation of personal data processing
and informing authors of the subsequent outcome given thereof;
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informing without delay the competent judicial authority of the offenses of which it was
informed in the course of its missions;