Current Version
| Region | Benin |
| Issue | LGBT discrimination |
| Status | Illegal in some contexts |
| Start Date | (unknown) |
| End Date | (none) |
| Description | There are some protections based on sexual orientation and sexual life. No explicit protections based on gender identity. Article 394 (Sensitive Data) of Law No. 2017-20 on the Digital Code in the Republic of Benin states: "The processing of personal data revealing racial or ethnic origin, political opinions, religion or beliefs, trade union membership, as well as the processing of genetic data, biometric data for the purpose of uniquely identifying a natural person, data concerning health or data concerning the sex life or sexual orientation of a natural person are prohibited." Article 552 (Incitement to hatred and violence) of Law No. 2017-20 on the Digital Code in the Republic of Benin states: "Anyone who provokes discrimination, hatred, or violence against a person or group of persons based on opposition to race, color, racial or ethnic origin, religion, sexual orientation, or any other form of discrimination, by means of or on an electronic communications network or computer system, shall be punished by one (1) year of imprisonment and a fine of five million (5,000,000) CFA francs, or by one of these two penalties only. Article 6 of the Personal data Protection Law (2009) states: "It is prohibited, without the express consent of the person concerned, to collect or process personal data which reveal, directly or indirectly, racial or ethnic origins, political, philosophical or religious opinions, trade union membership of persons or data relating to the health and sexual life of such persons." |
| Sources | https://sgg.gouv.bj/doc/loi-2009-09/ https://www.afapdp.org/wp-content/uploads/2018/06/Benin-Loi-2017-20-Portant-code-du-numerique-en-Republique-du-Benin.pdf https://sgg.gouv.bj/doc/loi-2017-20/ |
Revision History (7)
| Old Value | New Value (Current) | |
|---|---|---|
| Description | No explicit protections based on gender identity. There are limited protections based on sexual orientation and sexual life. Article 394 (Sensitive Data) of Law No. 2017-20 on the digital code in the Republic of Benin states: "The processing of personal data revealing racial or ethnic origin, political opinions, religion or beliefs, trade union membership, as well as the processing of genetic data, biometric data for the purpose of uniquely identifying a natural person, data concerning health or data concerning the sex life or sexual orientation of a natural person are prohibited." Article 6 of the Personal data Protection Law (2009) states: "It is prohibited, without the express consent of the person concerned, to collect or process personal data which reveal, directly or indirectly, racial or ethnic origins, political, philosophical or religious opinions, trade union membership of persons or data relating to the health and sexual life of such persons." | There are some protections based on sexual orientation and sexual life. No explicit protections based on gender identity. Article 394 (Sensitive Data) of Law No. 2017-20 on the Digital Code in the Republic of Benin states: "The processing of personal data revealing racial or ethnic origin, political opinions, religion or beliefs, trade union membership, as well as the processing of genetic data, biometric data for the purpose of uniquely identifying a natural person, data concerning health or data concerning the sex life or sexual orientation of a natural person are prohibited." Article 552 (Incitement to hatred and violence) of Law No. 2017-20 on the Digital Code in the Republic of Benin states: "Anyone who provokes discrimination, hatred, or violence against a person or group of persons based on opposition to race, color, racial or ethnic origin, religion, sexual orientation, or any other form of discrimination, by means of or on an electronic communications network or computer system, shall be punished by one (1) year of imprisonment and a fine of five million (5,000,000) CFA francs, or by one of these two penalties only. Article 6 of the Personal data Protection Law (2009) states: "It is prohibited, without the express consent of the person concerned, to collect or process personal data which reveal, directly or indirectly, racial or ethnic origins, political, philosophical or religious opinions, trade union membership of persons or data relating to the health and sexual life of such persons." |
Show Difference | ||
| Old Value | New Value | |
|---|---|---|
| Value | No protections | Illegal in some contexts |
| Description | No explicit protections based on sexual orientation or gender identity. Article 6 of the Personal data Protection Law (2009) states: "It is prohibited, without the express consent of the person concerned, to collect or process personal data which reveal, directly or indirectly, racial or ethnic origins, political, philosophical or religious opinions, trade union membership of persons or data relating to the health and sexual life of such persons." | No explicit protections based on gender identity. There are limited protections based on sexual orientation and sexual life. Article 394 (Sensitive Data) of Law No. 2017-20 on the digital code in the Republic of Benin states: "The processing of personal data revealing racial or ethnic origin, political opinions, religion or beliefs, trade union membership, as well as the processing of genetic data, biometric data for the purpose of uniquely identifying a natural person, data concerning health or data concerning the sex life or sexual orientation of a natural person are prohibited." Article 6 of the Personal data Protection Law (2009) states: "It is prohibited, without the express consent of the person concerned, to collect or process personal data which reveal, directly or indirectly, racial or ethnic origins, political, philosophical or religious opinions, trade union membership of persons or data relating to the health and sexual life of such persons." |
Show Difference | ||
| Sources | https://sgg.gouv.bj/doc/loi-2009-09/ | https://sgg.gouv.bj/doc/loi-2009-09/ https://www.afapdp.org/wp-content/uploads/2018/06/Benin-Loi-2017-20-Portant-code-du-numerique-en-Republique-du-Benin.pdf https://sgg.gouv.bj/doc/loi-2017-20/ |
Show Difference | ||
| Old Value | New Value | |
|---|---|---|
| Start Date | Jan 1, 1900 | (unknown) |
| Description | No explicit protections. People are kicked out of their house if they are found out if they are lgbt. | No explicit protections based on sexual orientation or gender identity. Article 6 of the Personal data Protection Law (2009) states: "It is prohibited, without the express consent of the person concerned, to collect or process personal data which reveal, directly or indirectly, racial or ethnic origins, political, philosophical or religious opinions, trade union membership of persons or data relating to the health and sexual life of such persons." |
Show Difference | ||
| Sources | https://sgg.gouv.bj/doc/loi-2009-09/ | |
| Old Value | New Value | |
|---|---|---|
| Description | No explicit protections. | No explicit protections. People are kicked out of their house if they are found out if they are lgbt. |
Show Difference | ||
| Sources | No | |