Data Protection in Tunisia

Collection and processing in Tunisia

The following principles generally apply to the processing of personal data:

  • Personal data must be collected directly from the data subject;
  • Personal data collected from third parties are permitted whenever the data subject, his heirs or his agent have provided their consent;
  • The processing of personal data must respect human dignity, privacy and public liberties, and whatever its origin or its methods, it shall not harm the human rights protected by the laws and the rules in force. In every case, it is forbidden to use personal data with the aim of infringing people's rights or damaging their reputation;
  • The collecting of personal data shall be exclusively carried out for lawful and clear purposes, and within the limits of the declared purposes. Any subsequent change of purpose must be the subject of a new declaration and a new consent from the person concerned; and
  • Among the main prerequisites for the legitimate processing of personal data is the informed consent of the data subject, which means that the processing of personal data cannot be carried out without the express and written consent of the data subject. This consent shall be governed by the general rules of law if the data subject is incompetent or unauthorized or incompetent to sign.

The data subject or his agent is allowed to withdraw his consent, at any time during the processing.

Additionally, and in the spirit of child protection, Tunisian law has provided extra protection to personal data relating to children as this kind of data cannot be carried out without the consent of the child’s agent and after authorization of the juvenile and family court judge.

Finally, the consent provided for the processing of personal data under a specific given shall not apply to other forms or purposes.

Also, the data subject has the right of access, which means the right to consult all the personal data related to him as well as the right to correct, complete, rectify, update, modify, clarify or delete it, when it has been proved that it is inaccurate, equivocal or prohibited for processing by law, and also, the right to obtain a copy of the personal data in clear language, in accordance with the content of the recordings and in an understandable way in the case of automatic processing.

And finally, at anytime, the data subject, his heirs or his tutor has the right to object to the processing of personal data related to him for good, legitimate and serious reasons, except when the processing is scheduled by law or is required by the nature of the commitment. Furthermore, the data subject, his heirs or his tutor have the right to object to the communication to third parties of personal data related to him, in order to exploit it for promotional purpose. The objection immediately suspends the processing.

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