Privacy Law at Libya
Libya's data protection framework is evolving, with recent legislative developments aiming to safeguard personal data and privacy.
Key Legal Provisions
1. *Law No. 6 of 2022 – Electronic Transactions Law
This law regulates electronic transactions and incorporates data protection measure:
Consent Personal data collection requires explicit consent from the individua.
Purpose Limitation Data must be used solely for the purpose it was collected.
Confidentiality Entities handling personal data must ensure its confidentiality and cannot disclose it without prior consent.
Transparency Data controllers must inform individuals about data processing practice.
Data Access Individuals have the right to access and update their personal dat.
Cross-Border Transfers- Transfers of personal data outside Libya require adequate protection measure.
2. *Law No. 5 of 2022 – Combating Cybercrimes
This law addresses cybercrimes and includes provisions impacting data protection:
Unauthorized Access Penalties for unauthorized access to information system.
Data Integrity Criminalizes actions that alter or destroy data without authorization.
Privacy Violations Prohibits unauthorized interception of communication.
Encryption Restrictions Regulates the use of encryption tools, requiring authorization from the National Authority for Information Security and Safety (NISSA.
3. *Constitutional Declaration of 2011
Articles 12 and 13 of the Constitutional Declaration guarantee:
Right to Privacy Protection of citizens' private live.
Confidentiality of Communications Protection of correspondence and communications, subject to judicial oversight.
🧭 Summary
While Libya does not yet have a comprehensive data protection law or a dedicated data protection authority, recent legislation such as the Electronic Transactions Law and the Combating Cybercrimes Law introduce important data protection principles These laws emphasize consent, transparency, and the confidentiality of personal data However, challenges remain, including the lack of a clear regulatory framework and enforcement mechanisms Entities operating in Libya should stay informed about these developments and consider aligning their data protection practices with international standards.
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