Status regarding Budapest ConventionStatus : NA See legal profile
The Ministry of the Development of Digital Economy of Burkina Faso identifies a number of priorities for the digital development of the country. One of the priorities of the Ministry is to develop appropriate cyber policies and ensure a legal environment in cyberspace, with the objective of attracting new investors and creating a competitive digital market in Burkina Faso. One of the anticipated results of this political priority in the digital economy environment is the development of cybersecurity legislation.
The government of Burkina Faso has established a National Plan for cybersecurity in Burkina Faso (2010). The Plan identifies 12 challenges in combatting cybercrime in Burkina Faso. One of them is the lack of appropriate legislative texts and procedural elements that allow the identification of a cybercrime and its further investigation.
State of cybercrime legislation
The Government of Burkina Faso relies on existing regulatory texts in other fields to address the issue of cybercrime. Four main legal instruments are used in this regard: Law 010-2004 on the protection of personal data, Law 061-2008 on electronic communications, Law 045-2009 on electronic transactions and Law 011-2010 on the country code top-level domain .bf.
With regard to procedural elements to allow the investigation of cybercrime, including the use of electronic evidence (Art.427 and following) in court, the criminal procedure code is used on a case-by-case basis. The protection of children against child pornographic activities online relates to Law 015-2014 on the protection of children (partly Art.97-98). Mutual legal assistance, including extradition (Art. 675 of the Criminal procedure code) and jurisdictional aspects, is based on bilateral treaties and agreements.
The National Agency on the Promotion of ICTs, l’Agence Nationale de Promotion des TIC (ANPTIC), works to promote the use of ICTs in different sectors. The Agency also works on the questions related to cybersecurity.
The CIRT Burkina Faso (the Center on Cybersecurity in Burkina Faso) was created to deliver an appropriate response to cybercrime threats and to serve as a central body for assistance on cyber-related incidents. In 2013 a specialised National Agency on the Security of Information Systems (ANSSI) was created. Today, ANSSI is a managing body for CIRT Burkina Faso.