Libya

DATA PROTECTION FACTSHEET

NO DATA PROTECTION LAW

DATA PROTECTION AUTHORITY NOT APPOINTED

Fast Facts
Domestic Law

Privacy enshrined in Constitution: Yes, Article 12 of the Constitution protects the private life of citizens and Article 13 protects the confidentiality of correspondence, telephonic conversations and other forms of communications.

DPA legislation: No, Libya currently has no data protection legislation, some provisions in the Libyan Penal Code (1953) provide general protection for private correspondence and homes. Act No 4 (1990) on the National System for Information and Documentation provides some provisions relating to the government’s collection of personal data for conducting research for social and economic reasons.
International Commitments
Scope of Application

Applies to natural persons: No law

Applies to juristic persons: No law

Applies to public entities: No law

Domestic/personal purposes exclusion: No law

National security exclusion: No law

Law enforcement exclusion: No law

Cabinet or Executive Council exclusion: No law

Judicial functions exclusion: No law

Journalistic, literary or artistic purposes exclusion: No law

Temporary copies exclusion: No law

Other exclusion(s): No law

Broad or vague exclusions: No law

Applies to foreign entities: No law

Excludes foreign entities that only transit personal data through the country: No law
Personal Data
Collection and Processing
Transparency

Notification that data is being processed: No law

Notification to DPA in event of data breach: No law

Notification to data subject in event of data breach: No law

Timeframe for notification is specified: No law

Exceptions exist to breach notifications: No law

Requires a data processing register: No law

Register is publicly available: No law

Provides for terms of service icons: No law

DPA must submit at least annual report: No law

DPA report is made public: No law
Accountability

Explicit provision for civil liability: No law

Established/designates a Data Protection Authority: No law

DPA is empowered to investigate: No law

DPA is empowered to subpoena or request evidence: No law

Law provides for criminal penalties: No law

Law provides for administrative penalties: No law

DPA is independently structured (does not exist within or receive instructions from another public body): No law

DPA receives funding directly from the state budget/legislative body: No law

DPA may receive some forms of external funding/own revenue: No law

Adequate protections against undue removal: No law

Number of members in DPA: No law

Maximum term length for members of the DPA (years): No law
Participation

Right of data subject to access a copy of their personal data: No law

Right of data subject to request a correction of data: No law

Right of data subject to request deletion of data: No law

Justification required for a request for deletion: No law

Defines the requirements for consent: No law

DPA is mandated to participate in policy formulation: No law
Cross-border Transfer
Automated Processing

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Page last updated: 23 May 2022