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attaching, recording or transmitting private or confidential electronic data without the consent
of their authors shall be punished with imprisonment for from 01 (one) to 02 (two) years and a
fine of from 1,000,000 (one million) to 5,000,000 (five million) CFA francs.
(2) Whoever, without authorization, intercepts personal data in the course of their
transmission, from one information system to another, shall be punished in accordance with
Subsection 1 above.
(3) Whoever, even through negligence processes or causes the processing of personal data in
violation of the conditions precedent to their implementation shall be punished with
imprisonment from 01 (one) to 03 (three) years and a fine of from 1,000,000 (one million) to
5,000,000 (five million) or both of such fine and imprisonment.
(4) Whoever uses illegal means to collect the personal data of another in order to invade his or
her privacy and undermine his or herself esteem shall be punishable with imprisonment for
from 06 (six) months to 02 (two) years or a fine of from 1 000,000 (one million) to 5,000,000
(five million) CFA francs or both of such fine and imprisonment.
5) The penalties provided for in Subsection 4 above shall be doubled where anyone posts
online, stores or has someone else store in a computerized memory, without the express
consent of the person concerned, personal data which directly or indirectly discloses his/her
tribal origin, political opinions, religious beliefs, trade union membership or values.
(6) The penalties provided for in Subsection 5 above shall apply to persons found guilty of
diverting information, in particular, during the recording, filing or transmission thereof.
7) Whoever keeps information in works or in figures beyond the legal time-limit specified in
the application for a prior opinion or declaration for use of .data processing shall be punished
with imprisonment for from 06 (six) months to 02 (two) years or a fine of from 5000000 (five
million) to 50000000 (fifty million) CFA francs or both of such fine and imprisonment.
(8) Whoever discloses personal information that undermines the consideration due to the
victim shall be punished with the penalties provided for in Subsection 7 above.
Section 75. (1) Whoever for financial gain, records or publishes images that undermine the
bodily integrity of another person through electronic communications or an information
system without the consent of the person concerned shall be punished with imprisonment for
from 02 (two) years to 05 (five) years or a fine of from 1,000,000 (one million) to 5,000,000
(five million) CFA francs or both of such fine and imprisonment.
(2) This section shall not apply where such recording and publication fall under the normal
exercise of profession aimed at informing the public on where they are carried out in order to
be used as evidence in Court in accordance with the provisions of Criminal Procedure Code.
Section 76. Whoever uses electronic communications or an information system to design,
carry or publish a child pornography message or a message likely to seriously injure the selfrespect of a child shall be punished with imprisonment for from 5 (five) years to 10 (ten)
years or a fine of from 5,000,000 (five million) to 10,000,000 CFA francs or both of such fine
and imprisonment.