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Tunisia

Review of the Legal Framework of Personal Data Protection and Ensuring Conformity with Article 24 of Tunisian Constitution (TN0004)

Overview

At-a-Glance

Action Plan: Tunisia, First Action Plan, 2014-16

Action Plan Cycle: 2014

Status: Inactive

Institutions

Lead Institution: The Ministry of Justice (The National Authority for Personal Data Protection).

Support Institution(s): NA

Policy Areas

Human Rights, Legislation & Regulation, Right to Information

IRM Review

IRM Report: Tunisia End-of-Term Report 2014-2016, Tunisia IRM Progress Report 2014-2015

Starred: No

Early Results: Did Not Change

Design i

Verifiable: Yes

Relevant to OGP Values: Access to Information Public Accountability

Potential Impact:

Implementation i

Completion:

Description

In accordance with the provisions of Part II of the Constitution « Rights and freedoms », in particular the provisions of article 24, that admits the State commitment to personal data protection, and article 32 that enshrine the right to information access, and in respect to article 49 that states that the rights and freedoms guaranteed by the Constitution should be explicated by laws, the current data protection act and related legislation will be amended, so that it can meet international standards, especially in the ICT field.

IRM End of Term Status Summary

4: Legal framework of personal data protection

Commitment Text: In accordance with the provisions of Part II of the Constitution “Rights and freedoms“, in particular the provisions of article 24, that admits the State commitment to personal data protection, and article 32 that enshrine the right to information access, and in respect to article 49 that states that the rights and freedoms guaranteed by the Constitution should be explicated by laws, the current data protection act and related legislation will be amended, so that it can meet international standards, especially in the ICT field.

Responsible Institution(s): The Ministry of Justice (The National Authority for Personal Data Protection)

Start Date: July 2014 End Date: June 2016

Commitment aim

This commitment sought to review the legal framework on personal data protection to make sure it complies with Article 24 of the Tunisian Constitution of 2014. Article 24 protects personal data. The commitment is particularly relevant because, before the 2011 revolution, the regime used censorship and surveillance to identify and silence dissident voices.

Status

Midterm: Not started

The Ministry of Justice (MoJ) did not make any progress on preparing amendments to the 2004 law to meet international standards on data protection. The role of the National Authority for Personal Data Protection (NAPDP) in this commitment was unclear during the first nine months of implementation. NAPDP’s leadership and some of its technical team[Note 15: Adhadhi Nidhal, “Chawki Gaddes as a New President of the NAPDP,” News, Tunisie Telecom, 5 May 2015, http://bit.ly/1PV9ypb.] changed in 2015, following the formation of a new government.[Note 16: Khaled Sellami, Head of the OGP Focal Point, interview with the IRM researcher, 23 November 2015. ]

End of term: Not started

According to the OGP’s points of contact,[Note 17: Interview with OGP focal point team members, Rim Garnaoui and Chiraz Ben Tahar, 9 September 2016.] there was no further progress on the implementation of this commitment. The representative of Al Bawsala declared that there is no government will to amend the existing 2004 law or to introduce a new one.[Note 18: Interview with Al Bawsala representative, 1 February 2017.] However, the National Authority for Protection of Personal Data (INPDP) is leading an initiative to amend the law.


Did it open government?

Access to information: Did not change

Public accountability: Did not change

Tunisia has had a Data Protection Act since 2004, but a new legal framework would strengthen the protection of citizens’ personal data. With an increasing number of Internet users in Tunisia (about 5.5 million out of a population of 11 million),[Note 19: Internet Live Stats, “Tunisia Internet Users,” http://www.internetlivestats.com/internet-users/tunisia/.

] personal data protection could be an important factor to enable digital activism and better access to information.

The lack of progress on enacting the new legislation means that the commitment has not had an impact on access to information and public accountability.

Carried forward?

This commitment was not included in the second action plan. The IRM researcher suggests clearly articulating any amendments to the existing law. What specific changes the amendments would introduce, and how they would change the status quo regarding personal data protection, should both be made clear to the public.

Commitments

  1. Right to Information

    TN0036, 2018, Capacity Building

  2. Open Data Framework

    TN0037, 2018, Capacity Building

  3. Access to Geographic Information

    TN0038, 2018, E-Government

  4. Open Transport Data

    TN0039, 2018, E-Government

  5. Improve Water Resource Governance

    TN0040, 2018, E-Government

  6. Join EITI

    TN0041, 2018, Capacity Building

  7. Open Contracting in Hydrocarbons

    TN0042, 2018, Capacity Building

  8. Anti-Corruption Framework

    TN0043, 2018, Anti-Corruption Institutions

  9. Participatory Budgeting

    TN0044, 2018, Audits and Controls

  10. Youth Participation

    TN0045, 2018, Marginalized Communities

  11. Implement Initiatives to Apply the OGP at the Local Level

    TN0046, 2018, E-Government

  12. Online Administrative Services

    TN0047, 2018, Capacity Building

  13. Access to Civil Service

    TN0048, 2018, Capacity Building

  14. Joining the Extractive Industries Transparency Initiative "EITI"

    TN0021, 2016, Capacity Building

  15. Modernizing the Regulatory Framework to Enforce The Right To Access to Information

    TN0022, 2016, Capacity Building

  16. The Completion of the Legal and Regulatory Framework of Open Data at the National Level

    TN0023, 2016, Capacity Building

  17. Improve the Transparency and Local Gov Openness

    TN0024, 2016, Capacity Building

  18. Enhance the Transparency in the Cultural Sector : “Open Culture”

    TN0025, 2016, Capacity Building

  19. Enhance the Transparency in the Environment and Sustainable Development Sector

    TN0026, 2016, Aid

  20. Enhancing Transparency in the Transport Sector

    TN0027, 2016, Capacity Building

  21. Promoting Financial and Fiscal Transparency

    TN0028, 2016, Fiscal Transparency

  22. Elaborating a Legal Framework for Citizen’S Petitions

    TN0029, 2016, Capacity Building

  23. Developing an Integrated Electronic Civil Petition and Corruption Reporting Platform

    TN0030, 2016, Anti-Corruption Institutions

  24. Developing New Mechanisms to Promote Interaction with the Youth and Enable Them to Pursue Dialogue About Public Policies

    TN0031, 2016, Capacity Building

  25. Adopting the Corporate Governance Referential on the Sectoral Level

    TN0032, 2016, Capacity Building

  26. Developing Mobile Applications Which Could Be Downloaded on the Mobile Phone to Reinforce Transparency of Government Activities and Participatory Approach

    TN0033, 2016, Capacity Building

  27. Enhancing Access to the Archive

    TN0034, 2016, Capacity Building

  28. The Development of an Electronic Mechanism to Ensure Transparency of Public Servants Recruitment

    TN0035, 2016, Capacity Building

  29. Strengthening Legal Framework for Corruption Fight

    TN0001, 2014, Anti-Corruption Institutions

  30. Developing an Integrated Electronic Civil Petition and Corruption Reporting Platform

    TN0002, 2014, E-Government

  31. Publishing an Annual Report on Audit Activities in Public Sector

    TN0003, 2014, Audits and Controls

  32. Review of the Legal Framework of Personal Data Protection and Ensuring Conformity with Article 24 of Tunisian Constitution

    TN0004, 2014, Human Rights

  33. Developing an Open Data Portal

    TN0005, 2014, Infrastructure & Transport

  34. Preparing a National Corporate Governance Repository

    TN0006, 2014, E-Government

  35. Establishing a Legal Framework That Regulates Communication and Interaction Within Public Sector and Between Public Structures and Citizens with Usage of ICT

    TN0007, 2014, E-Government

  36. Simplifying Administrative Procedures

    TN0008, 2014, E-Government

  37. Develop a Number of Administrative Services On-Line

    TN0009, 2014, E-Government

  38. Enhancing People Participation in the Decision-Making Process

    TN0010, 2014, E-Government

  39. Capacity-Building of Civil Servants and Citizens in the Area of Open Governance

    TN0011, 2014, Capacity Building

  40. Creation of a Structure Specialized in Training in the Governance Area

    TN0012, 2014, Capacity Building

  41. Publication of Budget Reports

    TN0013, 2014, Audits and Controls

  42. Development of the Open Budget System

    TN0014, 2014, Fiscal Transparency

  43. Use of the Data Extracted from the Application Dedicated to Budget Management (Adeb) in Public Sector

    TN0015, 2014, E-Government

  44. Publication of Reports Related to Attribution and Execution of Public Procurement and Audit Results

    TN0016, 2014, Audits and Controls

  45. Publication of Recommandations Included in Audit Reports of Public Procurement

    TN0017, 2014, Audits and Controls

  46. Development of an "Open Data" Platform Dedicated to Information Dealing with Oil and Mine Sector Investment

    TN0018, 2014, Extractive Industries

  47. Improve Transparency in the Area of Infrastructure Projects

    TN0019, 2014, Infrastructure & Transport

  48. Devoting Transparency in the Environment Field

    TN0020, 2014, E-Government