Yes, this data benefits from enhanced protection. Sensitive data is data that reveals racial or ethnic origin, political opinions, religious or philosophical convictions, trade-union membership, or that relates to health, including genetic data (art. 1, point 3).
Prior authorization is the rule. The processing of sensitive data is subject to an authorization by law that sets out its conditions; failing this, it must be authorized by the National Commission (art. 21). This authorization is granted on the basis of your express consent, or where the processing is essential to the exercise of the controller's legal or statutory functions (art. 21). It may also be granted to protect vital interests, where the data has manifestly been made public by you, or to defend a right in legal proceedings (art. 21).
More broadly, the processing of sensitive data falls under the regime of the Commission's prior authorization (art. 12).
The exception for health. By way of derogation, the processing of health data is only subject to a declaration to the Commission where its sole purpose is preventive medicine, diagnosis, the provision of care or the management of health services, and where it is carried out by a practitioner bound by professional secrecy (art. 22).
Autres questions posées par les lecteurs
Sous-questions regroupées par notre recherche — chacune renvoie vers sa réponse complète de niveau B/C.
+−Whom can I complain to if my data is misused in Morocco?
File complaints about data misuse with Morocco's National Commission for the Control of Personal Data Protection, which investigates, orders corrections, and can refer cases to prosecutors.
+−What are my data rights with Moroccan companies?
Moroccan data protection law grants you free rights to access your data, rectify inaccurate information within 10 days, and object to processing or direct marketing without legal obligation.
+−Do I have the right to refuse advertising emails and calls?
Yes, direct marketing by automated calls, fax, or email requires your prior consent. Email marketing is permitted for similar products if you can easily opt out free of charge with each message.
Ceci est une information juridique générale, et non un conseil juridique. Pour un conseil adapté à votre situation, consultez un avocat inscrit au barreau au Maroc.
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