EnglishFrançais
Senegal flag

Senegal

All-Party Consent

Senegal Recording Laws: All-Party Consent Rules (2026)

By Recording Law Editorial TeamReviewed May 15, 202628 min read
Senegal Recording Laws: All-Party Consent Rules (2026)

Frequently Asked Questions

Can I record my own phone calls in Senegal?

No. Senegal does not recognize one-party consent. Even as a participant in a phone call, recording the conversation without the other person's knowledge and consent violates Article 363 bis of the Penal Code. The penalty is one to five years in prison and a fine of up to 5,000,000 CFA francs (approximately USD $8,100).

What happens if I secretly record a conversation and share it on social media?

You face potential charges under multiple provisions. Article 363 bis covers the unauthorized recording itself, carrying up to five years in prison. Article 431-27 penalizes the transmission of personal data that could damage someone's reputation or privacy, with penalties of up to seven years in prison and 10,000,000 CFA francs in fines. Each act is a separate offense.

Can the Senegalese government tap my phone?

Only with a written order from an investigating magistrate. The authorization is limited to two to four months and must be renewed on a case-by-case basis. Telecommunications operators are required to cooperate with lawful interception orders under Articles 677-38 and 677-39 of the Code of Criminal Procedure, but warrantless surveillance is unconstitutional under Article 13 of the Constitution.

Are recordings admissible as evidence in Senegalese courts?

Recordings obtained without the consent of all parties are generally inadmissible. CCTV footage captured in locations without proper surveillance notices is also excluded. Only recordings made with valid consent or pursuant to a judicial order carry evidentiary weight in Senegalese proceedings.

What must my business do before installing security cameras in Senegal?

You must complete prior formalities with the CDP (Commission de Protection des Donnees Personnelles), post visible surveillance notices in all monitored areas, inform employees before the system goes live, consult with employee representatives, and ensure the surveillance serves a documented legitimate purpose such as physical security. Failure to comply can result in criminal penalties under Articles 431-17 through 431-22 of the Penal Code.

Is it legal to film police officers in Senegal?

Senegalese law contains no statute that explicitly prohibits filming police officers in public. A police officer acting on a public street is generally not in a 'private place' under Article 363 bis. However, authorities have physically seized recording equipment from journalists without legal basis during protests in 2024. Anyone whose equipment is seized without a judicial order may file a complaint with the procureur de la Republique.

Does Senegalese law cover deepfakes or AI-generated images of real people?

Not directly. As of May 2026, Senegal has no dedicated deepfake legislation. Partial coverage exists: Article 363 bis covers unauthorized recording of a person's image in a private place, and Article 431-27 covers transmitting personal data that damages reputation or privacy. Whether AI-generated synthetic images fall within these provisions is unsettled and no court has addressed the question. The proposed 2019 data protection bill would have addressed AI but was not enacted.

Can I transfer recordings of Senegalese individuals to servers outside Senegal?

Only with CDP authorization. Cross-border transfers of personal data (including audio and video recordings) outside the ECOWAS region require the CDP to determine that the receiving country provides adequate protection. EU Standard Contractual Clauses may provide a transfer mechanism for transfers to EU-based entities, but Senegal does not have EU adequacy status. Transfers among ECOWAS member states with domesticated data protection laws are generally facilitated.

What is the CDP and how does it enforce recording law?

The Commission de Protection des Donnees Personnelles (CDP) is Senegal's independent data protection authority, created under Law 2008-12 of 2008 and operational since 2014. It receives complaints, conducts investigations, issues orders requiring deletion of unlawfully obtained recordings, and imposes administrative fines of up to 100,000,000 CFA francs. The CDP can also refer serious violations to the public prosecutor for criminal investigation. In Q1 2025, the CDP processed 105 files, indicating more active enforcement than in prior years.

Can an employer record employee phone calls or install hidden cameras at work?

No. Employers must inform employees before implementing any surveillance system, consult with employee representatives, complete CDP prior formalities, and ensure the surveillance serves a proportionate, documented purpose. Hidden audio recording of employees violates Article 363 bis of the Penal Code. CCTV footage from areas lacking visible signage is inadmissible in court.

Sources and References

  1. Constitution of the Republic of Senegal (2001, revised 2016) - Article 13, Secrecy of Correspondence(constituteproject.org)
  2. Constitution de la Republique du Senegal - Full Text (Government of Senegal)(sigif.gouv.sn).gov
  3. Senegal Penal Code (Law No. 65-60 of 1965, as amended by Law No. 2016-29 of November 8, 2016)(primature.sn).gov
  4. Law No. 2008-11 on Cybercrime - Full Text (WIPO Lex)(wipo.int)
  5. Law No. 2008-12 on the Protection of Personal Data - Full Text (WIPO Lex)(wipo.int)
  6. CDP Legislative Texts - Laws and Regulations on Data Protection in Senegal(cdp.sn).gov
  7. Commission de Protection des Donnees Personnelles (CDP) - Official Website(cdp.sn).gov
  8. Senegal Code of Criminal Procedure (Law No. 65-61 of 1965, as amended) - Articles 677-35 to 677-39(justice.sec.gouv.sn).gov
  9. Senegal Penal Code Articles 431-12 to 431-16 - Interception of Electronic Data (UNODC SHERLOC)(sherloc.unodc.org)
  10. Senegal Penal Code Articles 431-17 to 431-22 - Personal Data Offenses (UNODC SHERLOC)(sherloc.unodc.org)
  11. Autorite de Regulation des Telecommunications et des Postes (ARTP) - Official Website(artp.sn).gov
  12. Senegal Cybercrime and Data Protection Framework (Council of Europe Octopus Community)(coe.int)
  13. Surveillance Law in Africa: Senegal Country Report (Institute of Development Studies)(opendocs.ids.ac.uk)
  14. Overview of Intermediary Liability in Senegal (CIPESA)(cipesa.org)
  15. Human Rights Watch, World Report 2024: Senegal - Press Freedom and Surveillance(hrw.org)
  16. Committee to Protect Journalists - At least 25 journalists attacked in Senegal protests (2024)(cpj.org)
  17. DLA Piper, Data Protection Laws of the World: Senegal(dlapiperdataprotection.com)
  18. CIPESA, Senegal to Review Data Protection Law (2020)(cipesa.org)
  19. Global Information Society Watch, Senegal Country Report (Communications Surveillance)(giswatch.org)
  20. CDP Quarterly Report Q1 2025 - Traitement des donnees personnelles (Dakar Actu)(dakaractu.com)
Share: