Digital Privacy and Cybercrime Laws in Morocco

In an era of rapid digital transformation, Morocco has established a comprehensive legal framework to safeguard the digital rights of its citizens. As the internet becomes central to daily life—from banking to social media—the protection of personal data and the prevention of cybercrime have become paramount.

Understanding the legal landscape in Morocco requires looking at several intersecting laws that govern telecommunications, cybersecurity, and data privacy. This article explores the rights of individuals and the obligations of service providers under Moroccan law to ensure a secure and private digital environment.

The Foundation of Personal Data Protection

The cornerstone of digital privacy in Morocco is Law No. 09-08, which relates to the protection of individuals with regard to the processing of personal data. This law establishes that any entity, whether public or private, that collects or processes personal information must do so with transparency and respect for the individual's dignity.

Under Law No. 09-08, the National Commission for the Control of the Protection of Personal Data (CNDP) serves as the primary regulatory body. According to Article 29, the Commission has a permanent mission to inform the public of their rights and obligations. Key powers of the CNDP include:

• Handling Complaints: Individuals who believe their data has been misused can file complaints. The Commission is authorized to investigate and even refer cases to the Public Prosecutor (Wakil al-Malik) for criminal prosecution.
• Authorization and Oversight: The Commission has the power to grant or withdraw authorizations for data processing, ensuring that entities comply with strict security standards.
• Expert Testimony: Public and judicial authorities can request the CNDP to provide expert opinions during legal disputes involving data protection.

Furthermore, Law No. 24-96 (as amended by Law No. 121-12) regarding Post and Telecommunications reinforces these protections. Article 26 explicitly requires telecommunications operators and service providers to respect the secrecy of communications and the privacy of their users. They are legally bound to implement all necessary measures to comply with data protection legislation.

Cybersecurity and the Protection of Critical Infrastructure

As digital threats evolve, Morocco has introduced specific legislation regarding cybersecurity to protect both national interests and individual users. The Cybersecurity Law mandates that operators of public telecommunications networks, internet service providers (ISPs), and digital platform publishers notify their customers of any vulnerabilities or breaches that may affect their information systems.

Practical applications of this law include:

1. Threat Neutralization: Under the guidance of national authorities, service providers must take protective measures to neutralize threats or breaches affecting their customers' systems.
2. Monitoring and Detection: National authorities are authorized to install technical devices on public networks to monitor events that might impact vital infrastructure. However, these measures are strictly limited in duration and scope to what is necessary for identifying threats.
3. Data Collection for Safety: Authorized agents may collect and analyze technical data exclusively for the purpose of preventing cyber threats, without exploiting this data for any other purpose.

Privacy in Specialized Sectors: Identity and Media

Moroccan law integrates privacy protections into various specialized sectors, ensuring that digital rights are not overlooked in administrative or professional contexts.

The Electronic National Identity Card (CNIE)

Law No. 04.20 regarding the Electronic National Identity Card introduces high-tech features for administrative efficiency. According to Article 7 and Article 8, the electronic chip may contain data such as email addresses and phone numbers to facilitate administrative procedures. However, the law strictly stipulates that the reading and processing of this data must comply with Law No. 09-08. Only technical means approved by the General Directorate of National Security (DGSN) can be used to access this information, preventing unauthorized third-party access.

Digital Press and Media

The Press and Publication Code (Law No. 88-13) also addresses the digital realm. Article 33 guarantees the freedom of electronic press services but specifically mandates that electronic newspapers must adhere to the provisions of Law No. 09-08. This ensures that while the press remains free, it cannot infringe upon the personal data rights of individuals during its digital operations.

Human Rights and Prevention of Torture

Privacy is even protected in sensitive human rights contexts. The law governing the National Human Rights Council (CNDH) and its Internal Regulations (Article 54) state that information provided to the National Preventive Mechanism against Torture is strictly confidential. Personal data cannot be published without the explicit consent of the individual, and violations are punishable under Article 446 of the Penal Code.

Key Takeaways for Users and Businesses

Navigating Moroccan digital law involves understanding that privacy is a protected right across all platforms. Whether you are a consumer concerned about your credit info or a business operating a digital platform, here are the essential points:

• Consent is Mandatory: Most data processing requires the explicit consent of the individual.
• Retention Limits: In specific sectors like credit reporting, data cannot be held indefinitely. For example, credit information bureaus generally cannot keep information for more than five years (Reference 8).
• Right to Rectification: Users have the right to access and correct their data.
• Criminal Liability: Breach of professional secrecy or unauthorized disclosure of personal data can lead to severe penalties under the Moroccan Penal Code.

Morocco's legal framework continues to adapt to the digital age, balancing the need for national security and administrative efficiency with the fundamental right to privacy.

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