Enforcement in Madagascar
The CMIL has the power to proceed with verifications of any data processing, and, as the case may be, to request a copy of every document that it considers useful in respect of verifications. The CMIL agents are authorised to carry out online inspections and on-site verifications of a data controller or a data processor.
In cases where the CMIL is of the opinion that a data controller or a data processor has contravened the provisions of the Data Protection Law, then it may serve, in accordance with the severity of the violation committed:
- warnings and notices to comply with the obligations defined in the Data Protection Law;
- notice of withdrawal of the authorisation;
- a financial sanction of up to 5% of the last financial year pre-tax turnover (not deducted from tax turnover).
The Data Protection Law provides that any processing of personal data in contravention with its provisions is considered an offence. For example, processing of personal data without prior declaration to or authorisation of the CMIL can result in imprisonment of 6 months to 2 years (Article 62 of the Data Protection Law).
In addition to any penalty, the Court may order the erasure of all or part of the personal data which was the object of the processing considered an offence.
