Data Protection in Chad

Enforcement in Chad

Breach of the provisions of Personal Data Act is subject to the following administrative sanctions by the ANSICE:

  • A warning to the data controller who does not comply with the obligations arising from the Law;
  • A formal notice to put an end to the breaches concerned within the time limit which it fixes;
  • Penalties in accordance with the observed shortcomings;
  • Interruption of treatment for a maximum of three years;
  • Blocking for a maximum of three months of certain processed personal data; or
  • Temporary or permanent prohibition of processing contrary to the provisions of the Act.

(Article 8 of Act No. 006/PR/2015 on the creation of the National Agency for Computer Security and Electronic Certification)

In addition, a judge can take the following sanctions in case of breach:

  • Imprisonment from between 1-5 years;
  • Fines between XAF 1 million to XAF 10 million.

(Article 438 of the Criminal Code)

The ANSICE have enforcement powers including:

  • Investigative powers: The ANSICE can conduct investigation to discover facts and evidences of the violation of the Act;
  • Administrative fines for infringements of the Data Protection Act;
  • Non-compliance with the ANSICE instructions / decisions can lead to the following sanctions:
    • a warning;
    • an injunction to put an end to defaults within the time limit set by the ANSICE; or
    • a provisional withdrawal of the authorisation granted for a period of three months at the expiry of which the withdrawal becomes final.

In case of urgency, the ANSICE can:

  • interrupt a processing for a duration that cannot exceed three months.
  • lock certain kinds of data for a duration that cannot exceed three months; or
  • prohibit, provisionally or definitively, data processing that does not comply with the Act.

Additionally, the Act has the power to issue a temporary or permanent ban. The ban does not require a court order.

(Article 8 of Act No. 006/PR/2015 on the creation of the National Agency for Computer Security and Electronic Certification and Article 81 of the Act)

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