means that leave a written trace or if the processing relates to personal data
which have become obviously public or if the processing is necessary for
historical or scientific purposes or if the processing is necessary for the
protection of the data subject’s vital interests.
The processing of personal data related to health is governed by chapter 5 of
the hereby Act.
Article 15:
The processing of personal data mentioned in Article 14 of the hereby Act is
subjected to the authorization given by "l'Instance Nationale de Protection des
Données à Caractère personnel" with the exception of data related to health.
The" Instance" shall issue its decision within one month from the date of
receipt of the application. However, when the "Instance" has not given its
opinion within this time limit, the application for authorization shall be deemed
to have been rejected.
The" Instance" can accept the application with imposition upon the data
controller to take the necessary measures required for the protection of the
data subject's interests.
Article 16:
The provisions of articles 7,8,27,28,31 and 47 of the hereby Act shall not
apply to the processing of personal data in relation to the employee in the
work situation, providing the processing has been carried out by the employer
and is necessary for the work performance and organization.
The provisions of the articles mentioned above shall not apply to the
processing of data in relation to monitoring the health of the data subject.
Article 17:
In all cases, it is strictly prohibited to give an advantage or a favor to a person
in return for his consent to the processing of his personal data or the use of
his personal data for other purposes.
Article 18:
Each person who carries out directly or by a third party the processing of
personal data shall take all the required steps to ensure the safety of the data
processing and prevent any third party from changing, modifying or consulting
it without prior authorization of the data subject.
Article 19:
The required steps that shall be taken in accordance with article 18 of the
hereby Act are the following:
- To prevent the facilities and equipment, used in the processing of personal
data, from being placed in such conditions or sites that allow the access of
non- authorized third parties;
- To prevent the media data from being read, copied, modified or shifted by
non -authorized third parties;
- To prevent all non- authorized data insertion inside the information network
as well as knowledge, deletion or radiation of the recorded data;
- To prevent the use of the information network by non- authorized third
parties;
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