Niger

Law No. 2022-59 of 16 December 2022 on the Protection of Personal Data (as modified by Law No. 2023-31 and Ordinances No. 2024-16 and 2024-29) IN FORCE

commenced 2022-12-16 · Official full text ↗

Scope

Any processing of personal data: information of any nature, including sounds and images, relating to an identified or identifiable natural person (art. 1): by public or private controllers in Niger.

Key obligations

Prior notification of processing to the HAPDP (waived where a data-protection correspondent is appointed, except for cross-border transfers); Annual report to the HAPDP on stored personal data against the purposes of each processing activity (art. 64); Standard processing principles with a sensitive-data regime covering opinions, political affiliation, sex life, race, health, social measures, prosecutions and sanctions (art. 1); Breach notification duty (art. 83) backed by criminal penalties (art. 98)

DPO required

No general DPO obligation: the law provides for an optional 'correspondant à la protection des données' (arts. 1, 79): qualified, protected from employer sanction, notified to the HAPDP, and dischargeable via the HAPDP; appointing one exempts notification except for cross-border transfers.

Registration

Yes: prior notification to the HAPDP for processing (correspondent exemption aside), plus the art. 64 annual report; the HAPDP deliberates in plenary on authorisations and transfers.

Cross-border transfers

Cross-border transfers remain subject to HAPDP formalities even where a correspondent is appointed; the HAPDP's plenary authorises transfers.

Breach notification

Controller must notify the HAPDP of any personal data breach without delay on becoming aware of it; where the breach poses a high risk to rights and freedoms, data subjects must also be informed as soon as possible (art. 83); non-compliance carries imprisonment and fines (art. 98).

Penalties

Criminal penalties: imprisonment and fines (art. 98): plus HAPDP sanction powers exercised in plenary session; no published enforcement decisions had been identified by end-2023.

Authority

Haute Autorité de Protection des Données à Caractère Personnel (HAPDP)

Verified 2026-07-07

Charter on Access to Public Information and Administrative Documents (Ordinance 2011-22) IN FORCE