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
Access to Information, Human Rights, Legislation & Regulation, Right to InformationIRM 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
Implementation i
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
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Right to Information
TN0036, 2018, Access to Information
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Open Data Framework
TN0037, 2018, Access to Information
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Access to Geographic Information
TN0038, 2018, Access to Information
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Open Transport Data
TN0039, 2018, Access to Information
-
Improve Water Resource Governance
TN0040, 2018, E-Government
-
Join EITI
TN0041, 2018, Anti-Corruption
-
Open Contracting in Hydrocarbons
TN0042, 2018, Access to Information
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Anti-Corruption Framework
TN0043, 2018, Anti-Corruption
-
Participatory Budgeting
TN0044, 2018, Anti-Corruption
-
Youth Participation
TN0045, 2018, Marginalized Communities
-
Implement Initiatives to Apply the OGP at the Local Level
TN0046, 2018, E-Government
-
Online Administrative Services
TN0047, 2018, Capacity Building
-
Access to Civil Service
TN0048, 2018, Capacity Building
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Joining the Extractive Industries Transparency Initiative "EITI"
TN0021, 2016, Anti-Corruption
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Modernizing the Regulatory Framework to Enforce The Right To Access to Information
TN0022, 2016, Access to Information
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The Completion of the Legal and Regulatory Framework of Open Data at the National Level
TN0023, 2016, Access to Information
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Improve the Transparency and Local Gov Openness
TN0024, 2016, Access to Information
-
Enhance the Transparency in the Cultural Sector : “Open Culture”
TN0025, 2016, Access to Information
-
Enhance the Transparency in the Environment and Sustainable Development Sector
TN0026, 2016, Access to Information
-
Enhancing Transparency in the Transport Sector
TN0027, 2016, Access to Information
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Promoting Financial and Fiscal Transparency
TN0028, 2016, Fiscal Openness
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Elaborating a Legal Framework for Citizen’S Petitions
TN0029, 2016, Capacity Building
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Developing an Integrated Electronic Civil Petition and Corruption Reporting Platform
TN0030, 2016, Anti-Corruption
-
Developing New Mechanisms to Promote Interaction with the Youth and Enable Them to Pursue Dialogue About Public Policies
TN0031, 2016, Capacity Building
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Adopting the Corporate Governance Referential on the Sectoral Level
TN0032, 2016, Capacity Building
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Developing Mobile Applications Which Could Be Downloaded on the Mobile Phone to Reinforce Transparency of Government Activities and Participatory Approach
TN0033, 2016, Capacity Building
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Enhancing Access to the Archive
TN0034, 2016, Capacity Building
-
The Development of an Electronic Mechanism to Ensure Transparency of Public Servants Recruitment
TN0035, 2016, Capacity Building
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Strengthening Legal Framework for Corruption Fight
TN0001, 2014, Anti-Corruption
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Developing an Integrated Electronic Civil Petition and Corruption Reporting Platform
TN0002, 2014, E-Government
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Publishing an Annual Report on Audit Activities in Public Sector
TN0003, 2014, Anti-Corruption
-
Review of the Legal Framework of Personal Data Protection and Ensuring Conformity with Article 24 of Tunisian Constitution
TN0004, 2014, Access to Information
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Developing an Open Data Portal
TN0005, 2014, Access to Information
-
Preparing a National Corporate Governance Repository
TN0006, 2014, E-Government
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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
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Simplifying Administrative Procedures
TN0008, 2014, E-Government
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Develop a Number of Administrative Services On-Line
TN0009, 2014, E-Government
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Enhancing People Participation in the Decision-Making Process
TN0010, 2014, E-Government
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Capacity-Building of Civil Servants and Citizens in the Area of Open Governance
TN0011, 2014, Capacity Building
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Creation of a Structure Specialized in Training in the Governance Area
TN0012, 2014, Capacity Building
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Publication of Budget Reports
TN0013, 2014, Anti-Corruption
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Development of the Open Budget System
TN0014, 2014, Fiscal Openness
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Use of the Data Extracted from the Application Dedicated to Budget Management (Adeb) in Public Sector
TN0015, 2014, Anti-Corruption
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Publication of Reports Related to Attribution and Execution of Public Procurement and Audit Results
TN0016, 2014, Anti-Corruption
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Publication of Recommandations Included in Audit Reports of Public Procurement
TN0017, 2014, Anti-Corruption
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Development of an "Open Data" Platform Dedicated to Information Dealing with Oil and Mine Sector Investment
TN0018, 2014, Access to Information
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Improve Transparency in the Area of Infrastructure Projects
TN0019, 2014, Access to Information
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Devoting Transparency in the Environment Field
TN0020, 2014, Access to Information