Abstract
To address the question of personal information or the right of individuals to the personal data protection at least, implies to focus on the right to privacy. Both represent fundamental human rights which are imbricated and consecrated by the international, regional and national instruments that provide for their promotion and protection.
The right to personal data protection is the faculty that is acknowledged to individuals for proprietorship and free access to their identification data, and the public authorities request to the respect and restoration of their rights in case of violation. The right to privacy can be defined as the right for individuals to control the access to their person and the data related to them. It relates to the right acknowledged to persons to take free decisions concerning the dissemination of their data, anyway and anyhow. Therefore, it is a right for an access to one’s own space, without any interference. This conceptual definition of the right to privacy and its respect includes the right to data protection. Nevertheless both rights are completely different.
The society in which we live is distinguished by two determinants: the predominance of Big data on the one hand, and a more and more increased use of the technology in the personal data processing on the other hand. If we consider that a bad manipulation of the big data can affect people’s privacy, honor and dignity, but also their fundamental rights and liberties in one word, then we can better understand the necessity for the personal data protection. Moreover, if we take into account that information privacy is cost effective especially for many firms and multinationals we can finally understand that it is a huge informal capital which needs a better protection. To be well protected it requires a lot of means which must be provided by the states to satisfy this purpose.
This chapter discusses questions concerning the context of personal data protection specifically in Burkina Faso, the citizens’ social attitudes to privacy; legal and regulatory protection of privacy systems and finally, the case of the Regional Economic Communities (RECs) and the protection of personal data.
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Notes
- 1.
See Declaration of Bamako clause 23, p. 6.
- 2.
Ibid, clause 39.
- 3.
See Declaration of Ouagadougou clause 51, p. 7.
- 4.
On the Internet particularly (and especially through the social networks).
- 5.
An impression that was generated during the campaigns of education on the technologies initiated by the CCSL since Jan. 2014.
- 6.
Universal Declaration of Human Rights (UDHR) signed by the General Assembly of the United Nations on 10 Dec. 1948 in Paris (France) and ratified by Burkina Faso. The right to privacy is provided by article 12 and the protection of personal data is taken into account as well.
- 7.
The human being’s moral integrity implies the respect of his privacy, his reputation and honor.
- 8.
The first one is the protocol related to the African Charter for people and human rights, referring to the creation of an African Court for people and human rights signed in Ouagadougou in June 1998. The second one is the protocol for the African Charter for people and human rights, referring to women’s rights signed in Maputo in July 2003. It also prohibits the feminine genital mutilations.
- 9.
Convention for the protection of individuals in regards to automated personal data treatment or Convention 108. It was signed on January 1981 by the European Council in Strasbourg, France. It is the only specific legal instrument regarding the universal protection of personal data because all the nations which are not member of the European Council can adhere to it.
- 10.
Case of Burkina Faso with Article 6 of the Constitution of 2 June 1991.
- 11.
Delpere 1987, p. 3.
- 12.
See article 5 of Loi n° 010- 2004/AN portant protection des données à caractère personnel.
- 13.
See article 14 of Loi n° 010- 2004/AN portant protection des données à caractère personnel.
- 14.
Ibid.
- 15.
See article 12 op. cit.
- 16.
See article 14 op. cit.
- 17.
See article 15 op. cit.
- 18.
Cf. Articles 18, 19, 24 and 41 of Loi n° 010-2004/AN portant protection des données à caractère personnel.
- 19.
See article 20 of Loi n° 010-2004/AN portant protection des données à caractère personnel.
- 20.
See 2008 annual public report.
- 21.
See w.w.w.cil.bf.
- 22.
See Infra III. C. Other procedural and enforcement mechanisms.
- 23.
This study resulted in a bill setting up the conditions and modalities for opening and operating cyber centers and the other community centers with the Internet connection in Burkina Faso; another bill establishing the taxes referring to the operation of cyber centers and community centers with the Internet and a bill charter for the use of Internet in the cyber centers and the other community centers in Burkina Faso exist.
- 24.
The expected results of this research were the adoption of a strategy and new instruments for more adapted and efficient training, sensitization and information of the youngsters.
- 25.
See CCSL 2013 public report p. 25 & all.
- 26.
See CCSL annual public reports 2009, 2010, 2011, 2012, 2013, 2014.
- 27.
Guide: ‘Transfer of personal data to countries which are not member of European Union’ and ‘Transfer of personal data to 3rd countries of E.U.
- 28.
The additional Act of the ECOWAS referring to the protection of personal data is part of the law applicable in Burkina Faso.
- 29.
BCR-F objectives are to provide the same level of protection of the transferred data in the conglomerate and to level the practices related to personal data protection in the conglomerate.
- 30.
BCR-F are used by firms of multinationals for personal data transfer out of Burkina Faso.
- 31.
BCR-F are adopted by CCCL as part of the French Speaking countries.
- 32.
Legal mechanism to sanction (penal or civil).
- 33.
It was the name given to the law at that time.
- 34.
Community of Sahel-Saharan States.
- 35.
Common Market for Eastern and Southern Africa.
- 36.
East African Community.
- 37.
Economic Community of Central African States.
- 38.
Economic Community of West African States.
- 39.
Intergovernmental Development Authority.
- 40.
Southern African Development Community.
- 41.
Arab Maghreb Union.
- 42.
In the framework of European Union (EU), Council of Europe (CE) or Organization for Economic Co-operation and Development (OECD).
- 43.
In the framework of Economic Cooperation of Asia and Pacific.
- 44.
In the framework of EAC, ECCAS, ECOWAS and SADC.
- 45.
By the ECOWAS treaty of 1975 revised on July 1993.
- 46.
Article 47 line 2 and 48 of additional Act.
- 47.
The study was done by Cabinet CIVLPOL Conseil in July 2011. It includes 3 aspects:
-
1 document in 1 volume on the overview of the national systems of visa management
-
1 document in 2 volumes on the organization of the management of the WAMEU Unique Visa.
A workshop was organized in Ouagadougou from 21 to 25 November 2011 in order to validate these documents.
-
- 48.
Article 47 line 2 and 48 of the additional Act.
- 49.
Africa, America, Asia, Europe, etc.
References
F. Delpere, ‘Droit Constitutionel’ T.I Les Données Constitutionelles (2e edn, Larcier 1987) 3
OUIMINGA (MK), “Practical uses of Facebook in the social network that expose personal data and privacy violations: case of public universities of Ouagadougou”, master thesis II Science Research Information and Communication, of the Pan-African Institute for Studies and Research on Media, Information and Communication (IPERMIC) of the University of Ouagadougou (Burkina Faso), 2015, 128 p
OUIMINGA (MK), “International obligations of states with regard to data protection: ECOWAS Case” Master Professional II memory of the right of the African cyberspace, Gaston Berger University of Saint-Louis (Sénégal), 2013a, p 80
OUIMINGA (MK), “The identification of the individual in the era of ICT” research report Master Professional II of the African cyberspace law, University Gaston Berger of Saint-Louis, 2013b, 27 p.
“Tradition and protection of privacy in Burkina Faso”, paper presented April 2, 2009 in Bobo-Dioulasso by Professor Albert OUEDRAOGO, University of Ouagadougou, p. 5 to 10.
Documents
Resolution A/RES/68/167 of the United Nations General Assembly on the “Right to Privacy in the Digital Age”, adopted December 18, 2013
The United Nations Guidelines for the regulation of computerized personal data files, adopted December 14, 1990 by Resolution 45/95 of the General Assembly of the United Nations
Universal Declaration of Human Rights of December 10, 1948
International Covenant on Civil and Political of December 16, 1966
The Bamako Declaration of 3 November 2000 adopted by Ministers and Heads of Delegation of states and governments of countries using French as a common meeting in Bamako (Mali) in the International Symposium on the Practices of Democracy, rights and freedoms in the Francophone world.
The Ouagadougou Declaration of 27 November 2004 at the Xth Conference of Heads of State and Government of countries using French as a common, held in Ouagadougou on 26 and 27 November 2004 under the theme: The Francophonie, a space for solidarity sustainability
African Union Convention on Cyber security and personal data protection of 27 June 2014
African Charter on Human and Peoples’ Rights of 27 June 1981
The Protocol to the African Charter on Human and Peoples’ Rights establishing an African Court on Human Rights and Peoples, adopted in Ouagadougou in June 1998
The Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Women, adopted in Maputo in July 2003. It also prohibits female genital mutilation
Additional Act A/SA.1/01/10 on the protection of personal data in the space of ECOWAS of 16 February 2010
Volume I of the inventory of national visas management systems
Volume II on the WAEMU single visa management system
Comprehensive study on the creation of WAEMU visa
Constitution of 2 June 1991
Penal Code of 13 November 1996
Code of Persons and Family
Law No. 010-2004/AN of 20 April 2004 on the protection of personal data
Decree No. 2007-283/PRES/PM/MPDH on the organization and functioning of the Commission for Computing and Civil Liberties (CCCL) of 18 May 2007
Decree No. 2007-757/PRES/PM/MDPH/MEF appointing the members of the Commission for Computing and Civil Liberties (CCCL) of 19 November 2007
Order No. 2008-001/CIL laying down the rules of procedure of the Commission for Computing and Civils Liberties (CCCL) of 22 May 2008
Convention for the Protection of Individuals with regard to Automatic Processing of Personal Data Strasbourg from January 28, 1981
Public Report of CCCL 2008
Public Report of CCCL 2009
Public Report of CCCL 2010
Public Report of CCCL 2011
Public Report of CCCL 2012
Public Report of CCCL 2013
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Ouiminga, K.M. (2016). Data Protection Law in Burkina Faso. In: Makulilo, A. (eds) African Data Privacy Laws. Law, Governance and Technology Series(), vol 33. Springer, Cham. https://doi.org/10.1007/978-3-319-47317-8_4
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