For an explanation of how to read this resource, please refer to the guide at the bottom.
AI Regulation
There is no regulation specifically governing AI in the country. However, there have been certain actions in furtherance of AI governance. The country’s data protection authority, the Commission for Information Technology and Civil Liberties (see “Regulators” below), has co-sponsored resolutions at the Global Privacy Assembly addressing privacy and data protection in AI development. These include (i) the October 2022 resolution on principles and expectations for the appropriate use of personal information in facial recognition technology;1 (ii) the October 2020 resolution on accountability in the development and use of artificial intelligence;2 and (iii) the October 2020 resolution on facial recognition technology.3
Definitions of AI
As the country is yet to establish AI regulations, there is no formal definition of AI.
Core Principles
As the country is yet to establish AI regulations, there is no formal statement of core AI principles.
Public Consultations
Based on publicly available information, we have not found evidence of invitations for public input on AI governance in the country.
Existing Legal Framework
A non-exhaustive list of regulations that might affect AI in the country includes:
- Constitution of Burkina Faso4
- National Plan for Economic and Social Development 2021-2025 (Plan National de Développement Économique et Social 2021-2025 (PNDES II)5
- National Digital Economy Development Strategy 2018-2027 (Stratégie Nationale de Développement de L'Economie Numérique 2018-2027) (SN@DEN)6
- Electronic Communications Law (Law No. 061-2008 of 27 November 2008)7
- Electronic Services and Transactions Law (Law No. 045-2009 of 10 November 2009)8
- Data Protection Law (Law No. 001-2021/AN of 30 March 2021)9
- Information Systems Security Law (Law No. 014-2024/ALT of 9 July 2024)10
Human Rights
The UDHR was adopted by the UN General Assembly on 10 December 1948. Its principles are considered universal and applicable to all UN member states. As a member of the UN, Burkina Faso has committed to upholding the principles of the UDHR. The Constitution of Burkina Faso includes provisions that protect fundamental human rights.11 Article 6 guarantees the right to privacy (protection of private and family life, and secrecy of correspondence). Other protections include the rights to equality and non-discrimination (Article 1), life (Article 2), freedom of expression and information (Article 8), and education, work, and health (Articles 18, 19, and 26, respectively). Burkina Faso has ratified several key international human rights instruments, including the ACHPR, ICCPR, and ICESCR. However, the country has not signed or ratified the Malabo Convention.
Regulators
A non-exhaustive list of regulators that might impact AI in the country includes:
- Ministry of Digital Transition, Posts, and Electronic Communications (Ministère de la Transition Digitale, des Postes et des Communications Électroniques) (MDENP)12
- Regulatory Authority for Electronic Communications and Postal Services (Autorité de Régulation des Communications Électroniques et des Postes) (ARCEP)13
- Commission for Information Technology and Civil Liberties (Commission de l'Informatique et des Libertés) (CIL), the data protection authority14
- National Agency for Information Systems Security (Agence Nationale de la Sécurité des Systèmes d’Information) (ANSSI)
- Burkinabe Agency for Standardisation, Metrology, and Quality (Agence Burkinabé de Normalisation, de la Métrologie et de la Qualité) (ABNORM)15
- Ministry of Justice, Human Rights and Civic Promotion (Ministère de la Justice, des Droits Humains et de la Promotion Civique)
- National Human Rights Commission of Burkina Faso (Commission Nationale Des Droits Humains Du Burkina Faso) (CNDH)16
R&D and Multi-Stakeholder Initiatives
The Interdisciplinary Centre of Excellence in Artificial Intelligence for Development (Centre d’Excellence Interdisciplinaire en Intelligence Artificielle pour le Développement) (CITADEL) is a multidisciplinary research lab established as part of a collaboration between Burkina Faso Virtual University and Open Burkina.17 CITADEL is a beneficiary of Artificial Intelligence for Development (AI4D), a partnership funded by Canada’s International Development Research Centre (IDRC), the Swedish International Development Cooperation Agency (SIDA), and the United Kingdom’s Foreign, Commonwealth and Development Office. AI4D allocated CA$988,500 in funding to CITADEL for a 36-month period.18
Professional/Industry Associations
Based on publicly available information, we have not found evidence of professional or industry associations dedicated to AI in the country.
Advisory Bodies and Expert Groups
Based on publicly available information, we have not found evidence of advisory bodies or expert groups dedicated to AI in the country.
Guide
- AI Regulation: The term "regulation", as used in this resource, encompasses measures ranging from binding laws to national AI policies and strategies, government proposals, advisory guidelines, and industry standards that address AI systems and their implications.
- Existing Legal Framework: This section outlines the relevant legal framework, excluding any AI-specific regulations presented in the initial section.
- Human Rights: The following terms have the stated meanings: "ACHPR" means the African Charter on Human and Peoples’ Rights, "ICCPR" means the International Covenant on Civil and Political Rights, "ICESCR" means the International Covenant on Economic, Social and Cultural Rights, "Malabo Convention" means the African Union Convention on Cyber Security and Personal Data Protection, "UDHR" means the Universal Declaration of Human Rights, and "UN" means the United Nations. Any reference to an “Article” or “Section” of the Constitution is to the version of the Constitution referenced herein.
- Advisory Bodies and Expert Groups: This section excludes legislative and parliamentary committees.
