Organic Act n°2004-63 of July 27th 2004 on the
protection of personal data
Everyone has the right to the protection of personal data related to his privacy
as one of the fundamental rights guaranteed by the Constitution. The
processing of personal data shall respect transparency, fairness and the
respect of human dignity, in accordance with the clauses of this act.
The provisions of this act shall apply to automatic processing of personal data
as well as non-automatic processing of personal data carried out by
individuals or by legal entities.
The provisions of this act shall not apply to the processing of personal data
which does not exceed private use or the family circle subject to it not being
transmitted to third parties.
Personal data means any information whatever its origin or its means relating
to an individual who can be identified, directly or indirectly, with the exception
of any information related to public life or considered public life by law.
An individual is identifiable, directly or indirectly, through many facts or
symbols related to his identity and to his physical, physiological, genetic,
psychological, social, economical or cultural characteristics.
According to this act, the following shall be understood:
Processing of personal data: the automatic processing as well as nonautomatic processing of personal data carried out by an individual or legal
entity especially obtaining, recording, storage, organization, alteration, use,
distribution, dissemination, destruction or consultation
The processing of personal data means any operation in relation to the use of
such data, indexes, directories, data files or their combination.
Data file: any structured and stable set of personal data that is accessible
according to specific criteria which allow identification of a given person.
Data subject: individuals to whom the data covered by the processing relates.
Data controller: individuals or legal entities who determine the aims and the
means of the data processing
Third parties: any individuals or legal entities or public authority as well as
their collaborators with the exception of the data subject, the recipient of a