The "Instance" shall issue its decision within the time set by article 41 of the
hereby Act.
The juvenile and family court judge shall decide on any litigation related to the
right of objection when the data subject is a child
Chapter III
The collection, conservation, deletion and destruction of personal data
Article 44:
Personal data must be collected directly from the data subject.
Personal data collected from third- parties are admitted whenever the data
subject, his heirs or his tutor have already given their consent. The consent is
not required whenever collection of personal data obtained from third parties
is regulated by law or whenever the collection from the data subject would
involve disproportionate efforts or whenever the said collection shall not
flagrantly affect the data subject’s lawful interests or whenever the data
subject has died.
The provisions of article 28 of the hereby Act shall apply if the data subject is
a child.
Article 45:
Personal data must be destroyed as soon as its preservation term expires, as
specified in the notification or authorization or by special laws or whenever the
purposes of the collection of personal data have been realized or have
become of no use to the data controller. A minute shall be written by a bailiff
in the presence of an expert appointed by the "Instance".
The data controller is responsible for the expert’s fees and the bailiff’s fees.
Article 46:
Personal data communicated or susceptible to be communicated to the
entities endorsed in article 53 of the hereby Act may not be destroyed or
removed without the opinion of the said entities and the authorization from the
"'Instance Nationale de Protection des Données à Caractère Personnel".
The Instance shall issue its decision within one month from the date of receipt
of the application.
Chapter IV
The communication and transfer of personal data
Article 47:
The communication of personal data to third parties without the express
consent of the data subject, his heirs or his tutor, given by any means that
leaves a written trace, is prohibited, except when the data is necessary for
public authorities missions, for public security or national defense, for criminal
prosecutions or for carrying out missions in accordance with the laws and
regulations in force.
The "Instance" may authorize the communication of personal data in case of
written and explicit refusal of data subject, his heirs or his tutor whenever the
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