they have knowledge by virtue of their functions, even after the end of their
term of office, except for other provisions made by the law.
Article 81:
The "Instance" may decide after fair proceedings with the data controller or
the sub-contractor to withdraw authorization or to prohibit processing in the
case of non respect of the duties provided by the present Act.
The proceedings of withdrawal or prohibition shall be set by decree.
Article 82:
The decisions of the "Instance" shall be reasoned and notified to the parties
by a bailiff.
The decisions of the "Instance" shall be appealed before the "Cour d'Appel de
Tunis" within one month of their notification. In this case, the "Code de
procedure Civile et Commerciale" is the applicable law.
Given that the appeal is not suspenseful, the decisions of the "Instance" shall
be executed.
If the execution can make irreversible damage, a summary judgment of the
"Premier Président de la Cour d'Appel de Tunis" may ordain a provisional
suspension of proceedings until the decision of the "Cour d'Appel de Tunis"is
made,. The decision of provisional suspension of proceedings is not
susceptible in any way to appeal. The court in charge of the file must decide
within three months from seizure of jurisdiction.
The judgments of the "Cour d'Appel de Tunis" may appeal before the "Cour
de Cassation"
Article 83:
The applicant shall submit the assessment expenses and notification of the
decisions expenses as well as other required expenses determined by the
President of the"Instance".
Article 84:
State personal property and real estate required for the execution of missions
of the "Instance" can be given by allocation. In the case of winding-up of the
"Instance", its properties shall be transmitted to the State which proceeds to
the enforcement of the "Instance” duties and covenants in accordance with
current legislation.
Article 85:
The "Instance" shall present to the President of the Republic an annual report.
report reviewing its mission
Chapter VII
The sanctions
Article 86:
A penalty of two to five years imprisonment and a fine of five thousand to fifty
thousand Dinars are applicable to the violation of the provisions of article 50
of the hereby Act.
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