Law No. 09-08 on the Protection of Individuals with Regard to the Processing of Personal Data
Chapter III: prior declaration and prior authorisation (Articles 12 to 22) – Law No. 09-08 on the Protection of Individuals with Regard to the Processing of Personal Data

Law No. 09-08 on the Protection of Individuals with Regard to the Processing of Personal Data 21: Articles 21 and 22: sensitive data only with a law, express consent or a listed ground, authorised by the CNDP; health data for care on declaration

What does 21 require?

Processing of sensitive data requires authorisation by a law setting the conditions or, failing that, by the CNDP, granted on the data subject's express consent or where processing is indispensable to the controller's legal or statutory functions, and also where it is necessary to protect vital interests of a person unable to consent, concerns data manifestly made public by the data subject whose consent can be inferred, or is necessary for legal claims and done solely for that purpose. By way of exception, health data processed solely for preventive medicine, diagnosis, care or health service management by a practitioner or other person bound by professional secrecy, or to select persons eligible for a right, benefit or contract, needs only a declaration. Otherwise genetic and health data processing requires CNDP authorisation with a dossier naming the persons responsible and with access, the research protocol and ethics opinions for medical research, and an undertaking to code identifying data (Decree Articles 29 and 30). Processing sensitive or criminal data without express consent is an offence punishable by 50,000 to 300,000 dirhams and imprisonment (Article 57).

Maintained by Gerard BlokdykVerified against the published standard Control text last updated

Other controls in Chapter III: prior declaration and prior authorisation (Articles 12 to 22) – Law No. 09-08 on the Protection of Individuals with Regard to the Processing of Personal Data

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