Ivory Coast

Article 2 states the Act's purpose as governing the protection of personal data, and article 3 subjects to it any collection, processing, transmission, storage or use of personal data by a natural person, the State, local authorities, or a public or private corporation, whether the processing is automated or not, excluding only an individual's strictly personal or household processing and a network operator's temporary technical copies (art. 4).

Article 5 makes ordinary processing subject to a prior declaration to ARTCI as the Autorité de Protection, while article 7 requires the Authority's prior authorization before processing genetic or medical data, an offense or conviction record, a national identification number, biometric data, data of public-interest research value, or before a cross-border transfer.

Article 21 prohibits, on pain of ten to twenty years' imprisonment and a fine of 20 million to 40 million CFA francs, processing that reveals racial, ethnic or regional origin, political, religious or philosophical opinion, trade-union membership, sex life, or genetic or health data, subject to narrow exceptions including data the person has manifestly made public, protecting a vital interest, or a judicial proceeding.

Article 25 bars any court, administrative or private decision assessing a person's behavior or personality from resting solely on automated processing of their personal data, and article 26 conditions a transfer of personal data to a third country on that country affording an equivalent or higher level of protection and on the Protection Body's prior permission.

Articles 28 to 38 give a data subject the rights to notice, access, objection, rectification, erasure and digital oblivion, and to receive a copy of their data in a portable format, and articles 39 to 44 impose confidentiality and security duties on the person responsible for the processing.

Article 22 punishes unsolicited electronic direct marketing using a person's personal data without their consent by one to five years' imprisonment and a fine of 1 million to 10 million CFA francs, and article 45 punishes obstructing the Protection Body by one month to two years' imprisonment and a fine of 1 million to 10 million CFA francs.

Article 51 lets the Protection Body impose a financial penalty proportionate to the breach, capped at 10 million CFA francs for a first failure and rising, for a repeated failure within five years, to 100 million CFA francs or, for a company, to 5 percent of the prior year's turnover excluding tax up to a maximum of 500 million CFA francs, without prejudice to any criminal penalty; the text states no separate data-breach notification duty running to the Protection Body or to the persons affected.

Article 4 punishes by one to two years' imprisonment and a fine of 5 million to 10 million CFA francs anyone accessing or attempting to access all or part of an information system, and article 5 separately punishes fraudulently remaining within all or part of an information system on the same terms.

Article 6 punishes hindering or distorting the functioning of an information system, article 7 punishes introducing data into it, and articles 8 to 10 punish intercepting, altering or fabricating computer data, each with escalating imprisonment terms of up to ten years and fines of up to 60 million CFA francs.

Article 26 separately punishes theft of information, defined as fraudulently becoming aware of, copying, or removing the physical medium carrying information within an information system, by five to ten years' imprisonment and a fine of 3 million to 5 million CFA francs, rising to ten to twenty years and 5 million to 10 million CFA francs where an aggravating circumstance listed in article 27 is present, and article 30 raises the minimum to ten years where the system or data was protected by a secret access code.

None of these articles conditions the offense on defeating a technical security measure, so whether they reach a scraper reading a public, unauthenticated page is not addressed by the text.

Article 8 protects, as an original work, a collection of works or of mere data or facts, such as an encyclopedia, anthology or database, where the choice, coordination or arrangement of its contents constitutes an original work; the same article states that this protection does not extend to a database's own content or to a computer program used to create, operate or consult it.

Article 10 separately excludes ideas, methods, procedures, concepts or information as such, official legislative, administrative or judicial texts, and mere data and facts as such, from copyright protection altogether. Together the two articles give Côte d'Ivoire compilation-only protection for a database's selection or arrangement, with no separate sui generis database right of the kind the European Union recognises, and with the underlying content always open to reuse.

Article 138 makes any infringement of the moral or economic rights the Act defines a criminal offense, punishable by one to ten years' imprisonment and a fine of 500,000 to 5,000,000 CFA francs, or either penalty alone.

Article 10 excludes ideas, methods, procedures, concepts or information as such, official legislative, administrative or judicial texts and their official translations, and mere data and facts as such, from copyright protection outright, so a bare fact or the news of the day as such is never a protected work under Ivorian law, whichever outlet reports it first.

Article 25 separately lets any person, once a work has been disclosed, make analyses, press reviews and short quotations justified by a critical, polemical, educational, scientific or informational purpose, and use a literary, artistic or scientific work to illustrate teaching, in each case provided the use is not abusive, carries no lucrative purpose, and credits the author's name and the source.

Article 26 lets a literary work seen or heard during a current event be reproduced and made accessible to the public, by short extracts and for an informational purpose, on the occasion of a report of that event, by photography, audiovisual means or broadcast, again subject to crediting the author and source, and provided reproduction or broadcasting rights were not expressly reserved.

Neither article is capped at a headline-length threshold beyond its own critical, educational or informational-purpose test, and neither is confined to the press industry; whether either reaches a systematic aggregator's reproduction of headlines and snippets, as opposed to a traditional press review or a broadcaster's current-events report, has not been tested in a reported Ivorian decision.

Côte d'Ivoire has no separate press-publisher neighbouring right, no compelled platform-to-publisher bargaining regime, no recognized hot-news or misappropriation doctrine distinct from ordinary copyright and unfair-competition law, and no located case law on hyperlinking or framed display.