DLA Piper Intelligence

Data Protection
Laws of the World

Key Contacts

Dr Majdi Abdou
Dr Majdi Abdou
Managing Partner
Abdou Law Firm
T +218213610799
Mohanad Hussein
Mohanad Hussein
Senior Associate
Abdou Law Firm
T +218213600028

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Law
Libya

Currently, there is no data protection law in Libya. However, Articles 12 and 13 of the Constitution 2011 guarantee the right to a private life for citizens and the confidentiality of correspondence, telephonic conversations and other forms of communications except where required by a judicial warrant respectively. In other words, there is no detailed information concerning privacy systems in Libya that protect individuals when their data is processed. With regard to privacy protection, there are some provisions in the Libyan Penal Code (1953) that provide general protection for private correspondence and homes from any interference by others. These articles provide that the public servants who commit an offence against private correspondence will face imprisonment of no less than six months.   Also, there are some articles in the Act No 4 (1990) on the National System for Information and Documentation, which governs the government’s collection of personal data for conducting research for social and economic reasons. This Act provides some provisions which require government entities to take some steps to protect the collected data, such as prohibiting the government from forcing individuals to give their data in order to conduct its research. However, these articles do not provide protection to personal data when individuals process their data.  Also, the Central Bank of Libya regulated general criteria for protecting personal data which is available online. However, this is applicable to only Libyan banks.

Last modified 12 Jan 2023
Definitions

Definition of Personal Data

There is no definition of personal data as per Libyan Law.

Definition of Sensitive Personal Data

There is no definition of sensitive personal data as per Libyan Law.

Last modified 12 Jan 2023
Authority

There is no data protection authority.

Last modified 12 Jan 2023
Registration

There are no registration requirements relating to personal data.

Last modified 12 Jan 2023
Data Protection Officers

There is no data protection officer requirement as per Libyan Law.

Last modified 12 Jan 2023
Collection & Processing

There are some articles in the Act No 4 (1990) on the National System for Information and Documentation, which governs the government’s collection of personal data for conducting research for social and economic reasons. This Act provides some provisions which require government entities to take some steps to protect the collected data, such as prohibiting the government from forcing individuals to give their data in order to conduct its research. However, these articles do not provide protection to personal data when individuals process their data.  Also, the Central Bank of Libya regulated general criteria for protecting personal data which is available online. However, this is applicable to only Libyan banks.

Last modified 12 Jan 2023
Transfer

Not applicable.

Last modified 12 Jan 2023
Security

Not applicable.

Last modified 12 Jan 2023
Breach Notification

There is no breach notification requirement in Libya.

Last modified 12 Jan 2023
Enforcement

It should be noted that recently, the Libyan House of Representatives enacted Law No.5 2022 concerning Combating Cyber Crimes in September 2022. In accordance with this law cybercrime is defined as “every act committed through the use of computer systems, the international information network, or other information technology means in violation of the provisions of this law.” 

This law has brought in some form of enforcement regarding breaches of copyright, with fines and prison sentences to be enacted in such a case. The sentence for copyright infringement is a prison sentence of no less than one year, and a fine of no less than 1,000 Dinars.

Last modified 12 Jan 2023
Electronic Marketing

There is no specific law governing electronic marketing.

Last modified 12 Jan 2023
Online Privacy

There is no specific online privacy legislation.

Last modified 12 Jan 2023
Contacts
Dr Majdi Abdou
Dr Majdi Abdou
Managing Partner
Abdou Law Firm
T +218213610799
Mohanad Hussein
Mohanad Hussein
Senior Associate
Abdou Law Firm
T +218213600028
Last modified 12 Jan 2023