trade union membership, sex life, or more generally, those genetic data on the health of the person
concerned .
This prohibition is not applied:
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When the processing of personal data relates to data which are manifestly made public by the
concerned person;
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When the processing of genetic or related to the health data is necessary to protect the vital
interests of the person concerned or another person in the case where the person concerned
is physically or legally incapable of giving his consent;
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When processing, namely genetic data, is necessary for the establishment, exercise or defense
of a legal claim of the person concerned;
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When a judicial proceeding or a criminal investigation is opened. In this case, the processing of
personal data is prosecuted for the determination of the facts or the manifestation of the
truth;
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When the processing is done within the legitimate activities of a foundation, association or
any other non-profit organization with a political, philosophical, religious, fraternal or union
goals. However, the processing must be related only to members of this body or to persons
with one regular contacts related to its purposes and that the data are not disclosed to third
parties without the consent of the persons concerned.
All these cases of processing of personal data are authorized and supervised in their design and
implementation by the protection body.
Art 22 - Is prohibited and punishable by imprisonment for one to five years and a fine of 1 million to
10 million CFA francs , direct marketing using all means of communication using , in any form
whatsoever, the personal data of an individual who has not expressed his consent to receive such
surveys character .
Art 23 – the processing of personal data carried out for purposes of journalism, expression research,
artistic or literary is recognized when it is implemented solely for literary and artistic expression or
exercise , as professional, business or journalism researcher, in compliance with the ethical rules of
the profession.
Art 24 - The provisions of this Law shall not preclude the application of provisions of the law relating
to print or audiovisual sector of the Criminal Code which stipulate the conditions for exercising the
right of reply and prevent , limit , repair and , if appropriate, penalizing offenses against privacy and
reputation of individuals.
Art 25 - No any court decision involving an assessment of the behavior of an individual can be based
on automated processing of personal data intended to evaluate certain aspects of his personality.
No any administrative or private decision involving an appraisal of human behavior can be based
solely on automated processing of personal data which describes the profile or personality of the
individual.
Art 26 - the person responsible for the processing can be allowed to transfer personal data to a third
country only if the state provides a higher level of protection or equivalent privacy, freedoms and
fundamental rights of individuals with regard to the processing which the data are or may be
subjected.