communication is necessary for the protection of the data subject's life, or for
scientific or historic researches, or for the performance of a contract at which
the data subject is a part under the condition that the part whose personal
data are communicate shall commit to take all required guarantees for the
protection of data and linked rights, in accordance with the directives of the
"Instance" and also under the condition that personal data shall not be used
on other purposes for which they have been communicated.
The provisions of article 28 of the hereby Act shall apply if the data subject is
a child.
Article 48:
The authorization applying shall be submitted to the "Instance" within one
month from the date of the data subject's refusal to communicate his personal
data to third parties.
The "Instance" shall issue its decision within one month from the date of
receipt of the application.
The "Instance" shall inform the applicant within fifteen days from the date of
its decision by registered letter with acknowledgement on receipt or any other
means that leave a written trace.
Article 49:
The personal data processed for specific aims may be communicated for
being processed later for historical or scientific purposes, under the condition
of the data subject's consent, his heir or his tutor and the authorization of the
"'Instance Nationale de Protection des Données à Caractère Personnel".
According to the cases, the "Instance" shall decide to remove or to leave the
data susceptible to identify the data subject.
The provisions of article 28 of the hereby Act shall apply if the data subject is
a child.
Article 50:
In any cases, the transfer of personal data to a foreign State is prohibited
whenever it may endanger public security or Tunisia's vital interests.
Article 51:
The transfer to a foreign State of personal data which are under processing or
bound to be under processing may not take place if this State does not
provide an adequate level of protection, in reference with the kind and the
purposes of the data and the period of its processing and the foreign State
where the data shall be transferred and the precautions which have been
taken for data safety. In every cases, the transfer of personal data must be
carried out in accordance with the conditions set by the hereby Act.
Article 52:
In every case, the authorization of the "Instance" is required before the
transfer of personal data.
The "Instance" shall issue its decision within one month from the date of
receipt of the application.
The application is introduced before the juvenile and family court judge
whenever the personal data subject to transfer refers to a child.
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