Morocco/ 5.1 General legislation  

5.1.8 Data protection laws

Protection of data and databases are subject to the provisions of article 5.1.8 in law 2.00 [42].

A 2009 law [4] and executive decree [3] concerning the protection of those processing personal data. This law considers personal anything processed honestly and legitimately, collected for a specific purpose, declared and preserved in a manner recognisable by the person concerned.

This law applies to both the total or partial electronic processing of personal data and hard personal data kept in physical files.

The law also applies to persons responsible for data processing, whether or not they permanently reside on Moroccan soil, which for the purpose of processing data resort to electronic means stored on Moroccan soil.

The law does not apply to data processing for strictly private activities, and to data processed for national defence, internal or external state security or for preventing crimes and misdemeanours. This law shall also not apply to special legislative data.

The law stipulates that people have the right to process their personal data and that they shall be informed of their rights in advance, except when they are already aware of their rights or if the processing is in areas not prohibited by law.

The law prohibits direct reading of private data by a third party without consent. It also tackles issues of commitment, validity of processing and professional secrecy on the part of the person in charge of processing personal data, and gives the processor authority to take necessary measures to protect data from being illegally accessed by a third party.

A national committee in charge of supervising the protection of personal data will be established by prime ministerial decision. The relevant executive decree shall stipulate work rules and conditions, and how members are to be appointed.

Chapter published: 05-05-2016