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Organic Act 2004-63 Personal Data

Tunisia

Tunisia

2004

Privacy

Overview

Organic Act No. 2004-63 is Tunisia's primary data protection law, enacted in 2004 to regulate the collection, use, storage, and transfer of personal data. It protects individual privacy and applies to both the public and private sector.
The law covers a wide range of entities including banks, insurance companies, telecom operators, healthcare providers, e-commerce platforms, and other organizations that handle personal data in Tunisia. It requires explicit consent, places restrictions on sensitive data, and mandates that all processing be reported to the national authority, INPDP.

Key Obligations

  • Obtain explicit consent from individuals before collecting or processing personal data
  • Avoid processing sensitive personal data unless authorized by the INPDP
  • Notify the INPDP before beginning any personal data processing activity
  • Limit data collection to legitimate, declared purposes
  • Ensure data confidentiality, integrity, and accuracy
  • Prohibit cross-border transfers unless the recipient country ensures adequate protection
  • Provide individuals with rights to access, correct, and object to data processing

FAQ

Who enforces data protection in Tunisia?

The Instance Nationale de Protection des Données Personnelles (INPDP) is the national authority responsible for enforcing the law.

What qualifies as sensitive data under the law?

Sensitive data includes personal details related to health, religion, ethnicity, political views, and union affiliation.

Is prior approval needed for all data processing?

No. Prior notification to the INPDP is required, but specific approvals are only needed for sensitive or high-risk processing.

Can Tunisian companies transfer data abroad?

Yes, but only to countries that offer an adequate level of data protection, as determined by the INPDP.