“THE NATIONAL AUTHORITY FOR THE PROTECTION OF PERSONAL DATA IN ALGERIA. GUARANTEE FOR THE PROTECTION OF THE RIGHT TO PRIVACY AND NATIONAL SECURITY”.
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Abstract
The Algerian constitutional legislator, in the 2016 constitutional amendment, established in article 46, paragraph 4, that “the protection of natural persons in the field of personal data processing is a fundamental right guaranteed by law and its violation is punishable.”
In consecration of this text, the Algerian legislator enacted Law No. 18-07 of 10/06/2018 on the protection of natural persons in the field of personal data, which aims to establish legal rules to ensure the protection of the rights of natural persons to their honour, reputation and private life in the field of personal data processing. This law, which provided for the creation of the National Commission for the Protection of Personal Data as a legal and institutional mechanism endowed with legal personality and financial and administrative independence, was entrusted with several competences in the context of the protection of the right to privacy of natural persons, as it is a fundamental right that requires legal protection. In fact, this authority was created in Algeria in 2022.
Therefore, this research study aims to clarify the National Authority for the Protection of Personal Data in terms of the reasons for its establishment and its concept in the first section. Its legal system and its impact in the second section.
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References
Algerian constitutions: 1963, 1976, 1989 and 1996, and the constitutional amendments of 2016 and 2020.
Law No. 08-09 of 25.2.2008 on the Code of Civil and Administrative Procedure, Official Journal No. 21 of 23.2.2008, as amended and supplemented by Law No. 22-13 of 12.7.2002, Official Journal No. 48 of 17.7.2002.
Law No. 18-07 of 10/6/2018 on the protection of natural persons in the processing of personal data, Official Journal No. 34 of 10/6/2018.
Presidential Decree No. 22-187 of 18 May 2002 appointing the President and members of the National Authority for the Protection of Personal Data, Official Journal No. 35 of 24 May 2002.
Presidential Decree no. 23-73 of 14.2.2002 defining the functions of the Executive Secretariat of the National Authority for the Protection of Personal Data, Official Gazette no. 10 of 15.2.2002.
Presidential decree of 16.10.2023 appointing Samir Bourahil as President of the National Authority for the Protection of Personal Data, Official Journal No. 67 of 18.10.2023.
Presidential Decree of 16 October 2023 appointing Abdelmajid Beitam as Executive Secretary of the National Authority for the Protection of Personal Data, Official Gazette No. 67 of 18.10.2023.
Presidential Decree No. 23-147 of 5.4.2023, establishing the basic law for users of the National Authority for the Protection of Personal Data, Official Journal No. 24 of 9.4.2023.
Presidential Decree No. 24-118 of 1.4.2024, establishing the compensation system for members of the National Authority for the Protection of Personal Data, Official Gazette No. 24 of 7.4.2024.