The consent of the data subject is not required for the processing of personal data where the processing is necessary to protect the life of the data subject. Some online sources falsely state that the age of consent is 12, but article 192 criminalizes all sexual acts with people under the age of 14 (penalties are increased in case of penetration or if the victim is under 12 years old). The consent of the data subject is not required if the processing is necessary for the fulfilment of the legitimate interest of the controller or the recipient of the personal data, provided that the interest or fundamental rights and freedoms of the data subject are not violated (Article 7 of Law No. 18-07). Law No. 18-07 does not define what may constitute the “legitimate interest” of the controller or the recipient. (…) Any person who has sexual intercourse with a woman under the age of sixteen (16) is also liable to imprisonment for a maximum of ten (10) years with consent. The age of consent in the Canary Islands, Ceuta, Melilla and Plazas de Soberanía is 16 years on 1 July 2015, regardless of sexual orientation and/or gender[78], as they are under Spanish sovereignty. The age of consent for homosexual acts (“indecent acts or unnatural acts”) is 21 years. [5] The age of consent in Cape Verde is 14 years, regardless of sexual orientation and/or gender, with partial protection for persons under 16 years of age. [11] (1) Any person who unlawfully and immorally attacks a woman or girl is guilty of a crime and may be sentenced to fourteen years` imprisonment. (2) It is not a defence to an indictment for an immoral assault on a girl under the age of twelve in order to prove that she consented to the act of indecency: provided that it is a sufficient defence for each charge under this subsection if it is to be presented to the court before which the charge is to be brought that the person so charged had reasonable grounds to believe that: and actually believed that the girl was twelve years of age or older. [87] It should be noted that no additional personal data may be added to the data obtained from the list of public data without the consent of the data subject.
However, the controller may store such personal data in its file system even if the data subject has objected to the processing. These data may only be used if the data subject indicates their content. an Algerian organization of LGBT youth working to overturn discriminatory laws and educate society on LGBT issues. (3) A person does not consent to an act which, if committed without consent, constitutes an attack within the meaning of this Article if – The age of consent in Eritrea appears to be 18 years, as provided for in Article 305 of the 2015 Penal Code, “Sexual indignation against minors aged 15 to 18 years”. This article stipulates that sexual acts with minors of this age constitute a minor offence punishable by 6 to 12 months in prison. The age of consent in Kenya is 18, as children under the age of 18 are set and are not able to give consent. [34] [35] Marriage before the age of 18 is not possible, the law is clear on this subject. [36] Homosexuality is illegal in Kenya. [37] This is provided for in Article 175 of the Criminal Code.
Article 177 prohibits sexual activity with 14- and 15-year-olds if access is obtained through “abuse of one`s inexperience”, while article 178 sets the age of consent for same-sex relations at 16. [61] Before obtaining consent from users, providers of electronic communications services must provide information on: Examine gender-discriminatory laws around the world, including the minimum age for marriage, domestic violence and rape laws, and provide contact information to those who wish to take action, however, in accordance with Article 306 of the Law, any act that violates Islamic morality, illegal. But a clear definition of morality does not exist in the laws of the land, so it is very open to interpretation by local officials of what is moral and what is not. As a result, many acts related to the age of consent could be considered illegal. The same article punishes any “immoral attack” with sentences ranging from 1 month to 2 years in prison, but even indecent bodily harm is not clearly defined. [47] The age of consent for non-penetrative sexual interference is 16 years, with the exception of 5 years; The age of consent in Mayotte, Reunion and the French South and Antarctic Territories is 15 years, as they are under French sovereignty. The section 305 charges are not mentioned, so it is not clear whether consent can be an affirmative defence against an indictment involving minors between the ages of 15 and 17. [24] Section 5 also applies only to female victims and sets the age of consent for men at 16. [30] The Interim Constitution, which came into force in 1994, prohibited discrimination on the basis of sexual orientation, as did the final Constitution, which was replaced in 1997. As a result, the Constitutional Court struck down laws prohibiting same-sex relations in the 1998 case of the National Coalition for Gay and Lesbian Equality v. the Minister of Justice. In this case, however, the difference between the age of heterosexual and homosexual consent was not addressed in section 14 of the Sexual Offences Act.
The age of consent is also set at 18 years, regardless of gender. The age of consent in Liberia is 18 years if the perpetrator is 18 years of age or older. [39] Lawful rape is a first-degree rape offence punishable by up to life imprisonment. The age of consent was raised from 16 to 18 in 2009. [40] [41] These laws fall under articles 192 and 193 of the Penal Code – sexual abuse of a minor under the age of 14 and sexual abuse of a minor under the age of 16. [3] The consent of the data subject is not required for the processing of personal data when the processing is necessary for the performance of a legal obligation to which the data subject or the controller is subject (Article 7 of Law No. 18-07). With the Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2007, Parliament reformed and codified the Sexual Offences Act and made it gender-neutral. The common law presumption for girls under the age of 12 has been replaced by a general assumption that children under the age of 12 cannot get along.
The law also set the age of consent for all sexual acts at 16. In Geldenhuys v. National Director of Criminal Prosecutions in 2008, the Constitutional Court ruled that the previous difference in the age of consent was unconstitutional. [73] The age of consent in Uganda is 18 for vaginal intercourse. [84] [85] “Heterosexual sodomy” (anal and/or oral sex with an opposite-sex partner) and all same-sex sexual acts were illegal until January 2014, when President Museveni blocked the anti-gay law. The Commissioner published Instruction No. 06 of 28 May 2010 “On the correct use of SMS for advertising, advertising, information, direct sales, via mobile phones”. This instruction stresses the importance of the prior consent of the person concerned. In addition, the Electronic Communications Act provides that the processing of location data may take place during the duration of the value-added services and only if the data is anonymized or if the user has previously given his consent, which can be revoked at any time. Section 311 Consent to Sexual Conduct (1) states that if a defendant is charged with an offence under the Chapter (Chapter 3: Sexual Offences, which includes sections 303 to 311) involving a victim under the age of 15, it is not a defence that the victim has consented to, unless the accused is also under 15 years of age and not more than 1 year of age as that person.
Processing of sensitive data without the express consent of the data subject in the absence of a legal exception From the 2015 Penal Code, the age of consent in Togo is 15 years. [81] The collection of personal data relating exclusively to a data subject for direct marketing purposes is only permitted if the data subject has given his or her explicit consent.