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Do you need permission to process health data?

Last updated 7/5/20260 viewsProvisional

Yes, health data requires National Commission authorization or prior declaration. Express consent or legal necessity applies, except for licensed practitioners providing care.

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).

This is general legal information, not legal advice. For advice on your specific situation, consult a lawyer admitted to the Bar in Morocco.

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