Senegal's Law N 2008-12 Concerning the Personal Data Protection explicitly includes data processing related to national security and law enforcement within its scope. Article 2(5) states that the law applies to "Any data processing concerning the law and order, the defense, the search and the pursuit of penal breaches or the safety of the State". This provision extends the law's applicability to various aspects of national security and law enforcement activities.

The law's scope encompasses:

• Law and order maintenance
• Defense-related data processing
• Criminal investigations and pursuit of penal breaches
• State security matters

Interestingly, the provision also mentions that this applicability extends to data processing "even bound to an important economic or financial interest of the State". This suggests that the law recognizes the potential overlap between national security concerns and significant economic or financial interests of Senegal.

However, it's crucial to note that this applicability is not absolute. The provision includes a caveat: "subject to the dispensations which defines the present law and specific provisions on the subject fixed by other laws". This indicates that while the data protection law generally applies to national security and law enforcement data processing, there may be exemptions or special provisions defined within this law or in other specific laws that modify its application in these contexts.

Implications

The inclusion of national security and law enforcement activities within the scope of Senegal's data protection law has several implications:

1. Oversight: It suggests that data processing for national security and law enforcement purposes is not entirely exempt from data protection regulations, potentially allowing for some level of oversight and accountability.
2. Balancing act: The law attempts to balance national security needs with data protection rights, recognizing the importance of both.
3. Potential exemptions: While these activities are included in the law's scope, the mention of "dispensations" and "specific provisions" implies that there may be situations where certain data protection requirements are relaxed or modified for national security or law enforcement purposes.
4. Economic considerations: The explicit mention of economic and financial interests of the State in relation to security matters highlights the interconnected nature of national security and economic concerns in the digital age.
5. Compliance for businesses: Companies working with law enforcement agencies or handling data related to national security in Senegal must be aware that such processing generally falls under the data protection law, but should also be prepared for potential exemptions or special provisions that may apply.

This approach reflects a nuanced understanding of the complexities involved in applying data protection principles to sensitive areas of national security and law enforcement, while still maintaining a framework for data protection in these domains.