Data Protection in Libya

Collection and processing in Libya

In Law no. 6/2022 regarding Electronic Transactions, there are provisions relating to data collection and processing which are as follows:

Article 73

Any public entity and any authentication service provider may collect personal data directly from the person whom the data is collected about or from someone else, only after the explicit consent of this person and only for the purposes of issuing, maintaining, or facilitating a certificate.

Data may not be collected, processed, or used for any other purpose without the explicit consent of the person from whom the data was collected.

Article 74

Except for the previous article, obtaining, disclosing, providing, or processing personal data is legitimate if it is:

  • Necessary for the purpose of preventing or detecting a crime based on an official request from investigative bodies.
  • Required or permitted under law or a court decision.
  • For the assessment or collection of any tax or fee.
  • To protect a vital urgent interest of the person whose data was collected.

Article 75

Taking into account the previous article, the authentication service provider must follow appropriate procedures to ensure the confidentiality of the personal data in his custody while performing his duties. He may not disclose, transfer, declare, or publish such data for any purpose whatsoever without prior consent from the person whose data was collected.

Article 76

Any person who controls personal data by virtue of his work in electronic transactions must, before processing such data, inform the person from whom the data was collected by a special notification of the procedures he follows to protect personal data. These procedures must include identifying the person responsible for the processing, the nature of the data, the purpose of its processing, methods and locations of processing, and all the necessary information to ensure secure data processing.

Article 77

The authentication service provider must enable the person from whom personal data has been collected to access and update it. This right includes access to all personal data sites related to the person from whom the data was collected. Therefore, he must provide appropriate technological means to enable electronic access.’

Additionally, there are some articles in Law No. 4/1990 on the National System for Information and Documentation, which governs the government’s collection of personal data for conducting research for social and economic reasons. This Law provides some provisions which require government entities to take some steps to protect the collected data, such as prohibiting the government from forcing individuals to give their data in order to conduct its research. However, these articles do not provide protection to personal data when individuals process their data. Also, the Central Bank of Libya regulated general criteria for protecting personal data which is available online. However, this is applicable to only Libyan banks.

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