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DECREE N ° 2007-283 / PRES / PM / MPDH of May 18, 2007 bearing o ..
http: /www.legiburkina.bf/o/j02007/n0o_23/D%E9cret PM_2007_…
|
: DFA - Ron 2 FURL.,
DECREE N ° 2007-283 / PRES / PM / MPDH of May 18, 2007 on the organization and
functioning of the Data Protection Commission (CIL). (JO n ° 2:
from I JUNE 2007

|: THE PRESIDENT OF FASO
PRESIDENT OF THE COUNCIL OF MINISTERS
SEEN the Constitution
CONSIDERING Decree No. 2006-002 / PRES of January 5, 2006 appointing the First
Minister;
CONSIDERING Decree No. 2006-003 / PRES / PM of January 6, 2006 on the composition of the
Government of Burkina Faso;
CONSIDERING Decree No. 2006-216 / PRES / PM of May 15, 2006 relating to the attributions of
members of the Government;
HAVING SEEN decree n ° 2002-461 / PRES / PM / MPDH of October 20, 2002 on
organization of the Ministry for the Promotion of Human Rights;
CONSIDERING Law n ° 010-2004 / AN of April 20, 2004 on data protection. at
personal character;
On the report of the Minister for the Promotion of Human Rights;
THE Council of Ministers heard at its meeting of February 2, 2007;
DECREED

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DECREE N ° 2007-283 / PRES / PM / MPDH of May 18, 2007 bearing 0.
http://www.legiburkina.bf/jo/jo2007/no_23/D%E9cret PM_2007_ ……
“
Chapter 1: GENERAL PROVISIONS

"'ARTICLE" T: "The' this decree: fixed 'the operating conditions and:
-: the organization of the services of the Commission de l'Informatique et-des Libertés created.
by the distance ° '010-2004 / AN äu April 20, 2004 on We data protection ”to.”
personal character. 4 SU LE e is

ARTICLE 2: ': The IT and Civil Liberties Commission: is: chaired by:
a president appointed by the President of Faso from among the nine (0). members of the
Commission. He has the rank of Secretary General of a ministerial department.
He is assisted by a vice-president elected by the Commission.
ARTICLE 3: Subject to the provisions of this decree, the Commission of
Informatics and Liberties issues its internal regulations.
Chapter 2 ; ORGANIZATION OF ADMINISTRATIVE SERVICES
ARTICLE 4: The administrative services of the IT Commission and
of the Freedoms include:
- the cabinet
- the general secretariat
The administrative services of the Commission are headed by the President or by
delegation, the vice-president, and placed under his authority. ; Section 1: THE FIRM
ARTICLES: The cabinet includes:
- the private secretary;

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- the protocol.
- * ARTICLE 6: The private secretary: is headed by a private secretary:
appointed 'by' decree of the president of the Commission. He (she ensures: the: éceptisn and
'' £ Sending confidential mail:: 3

ARTICLE 7: The protocol is responsible for:

The organize the hearings of the President of the Commission; ;
- 'prepare the official movements of the president inside;
- welcome foreign personalities on mission to the president.
Section 2: GENERAL SECRETARIAT
Paragraph 1: the secretary general
ARTICLE 8: The Secretary General is appointed by decree taken in council of
ministers, on a proposal from the President of the Commission. He has the rank of advisor
technical department.
ARTICLE 9: The Secretary General assists the President in the execution of
missions of the Commission. He is responsible for the coordination of technical services.
In the event of the Secretary General's absence, the President appoints an interim by decree.
In any event, the interim may not exceed three (3) months.
ARTICLE 10: The Secretary General ensures the technical relations of the
Commission with national and international institutions, officials and
recipients of personal data processing within the meaning of Law no.

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010-2004 / AN of April 20, 2004 on the protection of personal data.
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relating to the daily management of the commission, in particular:
_-Letters of transmission and acknowledgment of receipt;
ARTICLE 11: The Secretary General receives delegation of signature for acts

- Correspondence and instructions addressed to the directors of: services
techniques. ;: "
-Certificates of service and termination of service;
-Decisions on leave and authorization of absence;
- Assignment and transfer decisions as well as all management acts
staff of the services under the general secretariat;
-The approval of texts and the telex visa.
ARTICLE 12: For all cases referred to in article 9, the signature of the Secretary
General is always preceded, as the case may be, by the words "For the President and by
delegation, the Secretary General ”.
Paragraph 2: the services of the general secretariat.
ARTICLE 13: The services below come under the general secretariat and are
subject to the coordination of the Secretary General:
- the private secretary;
- the management of administrative and financial affairs;
- the communication and public relations department;
- the legal affairs and litigation department;
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DECREE N ° 2007-283 / PRES / PM / MPDH of May 18, 2007 bearing 0.
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Board of Directors, on a proposal from the President of the Commission::

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- the direction of technical expertise and control.
The. directorates are headed by directors appointed by <decree issued in:

ARTICLE: 14: The private secretary is. placed under: control. of a. (e):
executive secretary. IV / she is responsible for: se j

- receipt, registration and dispatch of mail;
- the seizure and reprography of any document entrusted to him / her;
- the filing of mail and all Commission documentation;
- hearings of the secretary general;
- links with the other services of the general secretariat.
ARTICLE 15: The administrative affairs and finance department is responsible for
from:
- preparation of the draft budget;
- management of allocated credits;
“The keeping of material accounts of the movable and immovable property of the.
Commission which it manages and maintains;
- Human resources management ;

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- administrative and career management of staff;
- methods of recruiting staff
- Staff training
ARTICLE 16: The communication and public relations department is
responsible for :
- the publication and dissemination of documents and studies carried out by the
Commission; .
- the Commission's external relations, in particular with the press and with
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DECREE N ° 2007-283 / PRES / PM / MPDH of May 18, 2007 bearing 0.
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communication services of public and private institutions;
- 'information and communication actions for citizens

internal communication actions. <:: ":

ARTICLE 17: The Legal Affairs and Litigation Department is responsible for:
- study all legal files in view of the committee sessions;
- study requests for the creation of data processing operations in the sector
public defined in article 18 of the law on the protection of personal data
staff ;
- study the simplified declarations of conformity and prepare the draft
declaration receipt for signature by the President;
- prepare legal opinions and decisions and submit them to the sessions of the
college of commissioners;

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= receive and process complaints, petitions and complaints
- prepare draft responses to requests for legal opinions from the authorities
public and jurisdictions;
- propose an interpretation of the provisions of the law on the protection of
personal data;
- follow the settlement of disputes;
- propose all legal measures aimed at the application of the law on
protection of personal data;
- submit the denunciation projects to the public prosecutor's office of the infringements noted;
- monitor, in consultation with the expertise, IT and
control, the effects of the use of information technology on the right to protection of
privacy, the exercise of freedoms and the functioning of democratic institutions.
ARTICLE 18: The studies and control department is responsible for:
- study and propose the files falling within its competence to the sessions of the
college of commissioners;
- develop draft responses to requests for technical advice from the authorities
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DECREE N ° 2007-283 / PRES / PM / MPDH of May 18, 2007 bearing 0.
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public and jurisdictions;
- receive and study the prior declaration files provided for in article 19 of
the law on the protection of personal data; had EE

5 carry out control missions: in the field to verify: compliance. of:
files to the law on the protection of personal data; eos lie

1: Respond to published advice requests;

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ARTICLE 19: ° Decrees of the President of the Commission for Informatics and
'Freedoms will specify' as necessary, the attributions, the organization and. the
functioning of the directorates.
Chapter 3: OPERATION OF THE COMMISSION
ARTICLE 20: The sessions of the Commission are held when convened by the
President of the Commission, on his own initiative or at the request of 2/3 of the
members of the Commission.
The convocation specifies the agenda.
ARTICLE 21: The Commission can validly deliberate only if the majority of
its members in office participate in the session.
The decisions of the Commission are taken by a majority of the members
present. In the event of a tie, that of the chairman is decisive.
However, are taken by a majority of at least seven (7) votes, the deliberations
following:
- the election of the vice-president;
- adoption of the internal regulations;
- the opinions issued by the Commission when it is informed of the creation of
treatment in the public sector defined in article 18 of the law on the protection of
personal data;
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u
- decisions taken by virtue of the regulatory power available to the
Commission as well as those taken under the provisions of point c of Article 37
the law on the protection of personal data; .
,: és authorizations issued by the Commission orsqu? it is seized of the;
"creation of automated processing for the purpose of your research. in the field of
health. this

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.… The internal regulations may also decide that certain other deliberations:
than those listed above are taken. by qualified majority. ::

ARTICLE 22: In addition to the allowances provided for in Article 34 of Law 010-2004 / AN
of 20 April 2004, the members of the Commission are entitled to reimbursement of expenses
required by the execution of their mandate. Chapter 4: ROYALTY
ARTICLE 23: For the completion of the formalities provided for in Articles 17, 18,
19 and 41 of the aforementioned law, the Commission proposes to the Minister of Finance the
amount of the royalty provided for in article 35 of the same law. An order of the Minister
in charge of finance sets the
amount of said royalty.
ARTICLE 24: The fee is paid by affixing on the request, one or
of several revenue stamps. The stamps must be canceled by the signature of the applicant or: by the stamp of
service. ''
ARTICLE 25: Copies may be delivered at the request of the right holder
access in the case of automated processing of personal information carried out
on behalf of the State.
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ARTICLE 26: The request mentioned in article 23 above must be presented
on site at the service to which the right of access is exercised. It must include the
surnames, first names, place and date of birth, address of the applicant as well as the,
designation of the file whose copy by extract is dertanded. The. demarideur must LE
o produce in support of it an identity.

© The request can be presented by a representative holding a. special warrant. : '".:

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The filing of the application 'gives rise to delivery to the applicant or his representative,
an acknowledgment of receipt attesting to the payment of the fee. '
When the applicant obtains, pursuant to article 17 of the aforementioned law, the
modification of the information communicated to it, the fee paid
under the conditions provided for in article 22 above is reimbursed
by the tax services directorate under whose jurisdiction is located the service which
issued the copy. The reimbursement is made on the basis of a document certifying the
payment of the royalty and the existence of an amendment to the registration.
Chapter 5: MISCELLANEOUS AND FINAL PROVISIONS.
ARTICLE 27: Commission officials are governed by the texts in force
relating to public officials of the State.
ARTICLE 28: The Minister for the Promotion of Human Rights, the Minister for
posts and information and communication technologies, the
Minister of Finance and Budget, the Minister of Justice Keeper of the Seals and The
Minister of Security are responsible, each as far as he is concerned, with the execution of the
this decree which will be published in the Official Journal of Faso.
Ouagadougou, May 18, 2007
Blaise COMPAORE
The Prime Minister

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DECREE N ° 2007-044 / PRES / PM / MATD / MFB bearing augmentati.
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BFA - 2507 - R-PU.
DECREE N ° 2007-044 / PRES / PM / MATD / MEFB increasing
salaries of the agents of the Territorial Collectivities. (OJ N ° 21 OF MAY 24
'A: 2007)'

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THE PRESIDENT OF FASO,
PRESIDENT OF THE COUNCIL OF MINISTERS,
IN VIEW of the Constitution;
CONSIDERING decree n ° 2006-002 / PRES of January 5, 2006 appointing the Prime Minister;
CONSIDERING Decree No. 2006-003 / PRES / PM of January 6, 2006 on the composition of the
Government of Burkina Faso;
CONSIDERING Decree No. 2002-216 / PRES / PM of May 16, 2006 relating to the powers of the members of the
Government of Burkina Faso;
CONSIDERING Decree n ° 2002-484 / PRES / PM / MATD of November 8, 2002 on the organization of the Ministry
territorial administration and decentralization;
CONSIDERING Law n ° 055-2004 / AN of December 21, 2004 on the General Code of Communities
territorial in Burkina Faso
Having regard to ordinance n ° 75-057 / PRES / IS / DGI of 9 December 1975 fixing the pension scheme for
communal agents of Burkina Faso;
CONSIDERING Law n ° 006-2003 / AN of January 24, 2003 relating to finance laws;
CONSIDERING Law n ° 47/96 / ADP of 21 November 1996 on the general statute of agents of the Collectivities
territorial;
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