j. Over-keeping personal data for a period of time longer than the normal
provided prior to declaration to the Commission only if such
conservation is made for historical, statistical or scientific reasons in the
conditions as defined by the present law;
k. Any privacy practitioner having collected/gathered, at the occasion of
their recording, classification, transmission or any other kind of
processing , of personally identifiable data/information which disclosure
will result in, a denigration of the individual, or to the intimacy of his
privacy, to share without the subject individual’s authorization/consent,
such information/data with a third party who is not qualify to receive
them;
l. Implication in any association or any estabilished combine in order to
commit one or several infrengments provided by the present law.
Section 65: The infrengments mentioned in the Section 64 of the present law
are punished by a five (05) to ten (10) years prison sentence plus a Ten Millions
(Frcs CFA 10, 000,000.00) to Fifthy Millions
(Frcs CFA 50, 000, 000.00) fine or only one of these two penalties.
Aiding and abetting are also punished by the same penalties.
The Tribunal may order the suppression of all or part of the personally
identifiable information/data which processing resulted in the infrengment.
Section 66: The present law which abrogates any previous contrary provisions,
will be as Government Act/law.
Cotonou, May 22, 2009