Currently, there is no specific data protection law in Libya. However in recent years, Libya has witnessed a significant transformation in its legal framework with the introduction of pivotal legislation addressing data protection, cybercrime and electronic transactions.

Law No. 5/2022 regarding Combating Cybercrime and Law No. 6/2022 concerning Electronic Transactions not only marks a significant step in adapting to the evolving digital landscape but also strengthens the overall data protection framework within the country. Articles 12 and 13 of the Constitution 2011 guarantee the right to a private life for citizens and the confidentiality of correspondence, telephonic conversations and other forms of communications except where required by a judicial warrant respectively.

In other words, there is no detailed information concerning privacy systems in Libya that protect individuals when their data is processed. With regard to privacy protection, there are some provisions in the Libyan Penal Code (1953) that provide general protection for private correspondence and homes from any interference by others. These articles provide that the public servants who commit an offence against private correspondence will face imprisonment of no less than six months.

Also, there are some articles in the Act 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 Act 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.