Material Applicability

The material scope of Senegal's data protection law encompasses automated and non-automated processing, filing systems, and specific exemptions. Key factors include: Filing System Criterion, Automated Means Criterion, Personal and Domestic Use Exemption, National Security and Law Enforcement considerations, and Sectoral Exceptions.

Filing System and Automated Processing

Law N 2008-12 Art.2(2):

"Any automated treatment or not of data contained or called to appear in a file, with the exception of treatments mentioned in the article 3 of the present law"

The law applies to:

• Data processing by automated means
• Data in or intended for structured filing systems
• Both current and prospective filing systems

Exemptions and Special Cases

Law N 2008-12 Art.3(1):

"Data processing carried out by an individual in the exclusive setting of personal or household activity, provided that the data are not intended for systematic communication to third parties or dissemination"

Law N 2008-12 Art.3(2):

"Temporary copies made in the course of technical transfer activities and providing access to a digital network for the automatic, intermediate and transient data and the sole purpose of allowing other recipients of the service the best access possible to the transmitted information"

The law excludes:

• Personal and household processing activities
• Technical data transfers and temporary copies
• Transit-only processing

National Security and Law Enforcement

Law N 2008-12 Art.2(5):

"Any data processing concerning the law and order, the defense, the search and the pursuit of penal breaches or the safety of the State, even bound to an important economic or financial interest of the State, subject to the dispensations which defines the present law and specific provisions"

Territorial Applicability

The territorial scope is determined by two main factors: Processing by Local Establishment and Use of Equipment Within Jurisdiction.

Processing by Local Establishment

Law N 2008-12 Art.2(3):

"Any implemented treatment by a person in charge such as defined in the article 4.14 of the present law on the Senegalese territory or in any place where the Senegalese law applies"

Equipment-Based Jurisdiction

Law N 2008-12 Art.2(4):

"Any implemented treatment by a person in charge, established or not on the Senegalese territory, which resorts to ways of treatment situated on the Senegalese territory, with the exception of the ways which are used only for purposes of transit on this territory"

Key requirements:

• Appointment of a local representative for non-established controllers
• Exclusion of mere transit processing
• Application to processing equipment located in Senegal