Law No. 172-13 on the Protection of Personal Data
Chapter IV: Specific files, special categories and international transfer – Law No. 172-13 on the Protection of Personal Data

Law No. 172-13 on the Protection of Personal Data 38: Content of the instrument creating a public-sector file

What does 38 require?

Public administration files are created, modified or removed only under the civil service and access-to-information laws (Article 37); the instrument must state the purpose and intended uses, the persons concerned and whether supply is optional or compulsory, the collection and updating procedure, the file's basic structure and data types, disclosures and planned transfers or interconnections to third countries, the responsible bodies, the units where access, rectification, cancellation and opposition can be exercised, and the security measures with their required level (basic, medium or high); a removal instrument states the file's destination or destruction. Data collected by one administration may be communicated to another for its functions, and the tax administration's disclosures need no consent (Article 39).

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