الحق في النسيان في الوسائط الرقمية

The Algerian legislator used the term "personal data" in several laws, such as: Law No. 15-04 defining the general rules related to electronic signatures and authentication, Official Gazette No. 06, dated February 10, 2015. Law No. 18-07 related to the protection of natural persons in the field of personal data processing, Official Gazette No. 34, dated June 10, 2018. Article 47 of Presidential Decree No. 20 442 concerning the issuance of the constitutional amendment, Official Gazette No. 82, dated December 30, 2020.

Law No. 2004-801 of August 6, 2004, on the protection of individuals regarding the processing of personal data and amending Law No. 78-17 of January 6, 1978, relating to computers, files, and freedoms, Official Journal of the French Republic, August 7, 2004, No. 182, available at: http://www.legifrance.gouv.fr, accessed on December 25, 2024, at 23:00.

Ibrahim Coulibaly, "The Protection of Personal Data in the Field of Scientific Research," PhD thesis, University of Grenoble, 2011, p. 10.

The European Parliament and Council Directive EC/9/96 of March 1, 1996, regarding the legal protection of databases, adopted on March 11, 1996, and entered into force on January 1, 1998, amended by Directive No. 2019/790 issued by the European Parliament and the European Council on April 17, 2019, concerning copyright and related rights in the digital single market.

Claudine Guerrier, "Protection of Personal Data and Biometric Applications in Europe," Communication and Electronic Commerce, July 1, 2003, No. 7, pp. 17-22.

Raymond Wax, "Privacy," Hindawi Educational and Cultural Foundation, 1st edition, Egypt, 2013, p. 121.

Ben Azza Mohamed Hamza," the right to be digitally forgotten," "Jil Journal of Advanced Legal Research," No. 46, January 2021, available at: https://jilrc.com/archives/13569, accessed on December 25, 2024, at 23:25.

Boukhalout Azine, " the right to be digitally forgotten," Fikr Journal, Faculty of Law and Political Science, No. 14, University of Biskra, p. 581.

Kadem Hamdan Sadekhan, Shorouq Abbas Fadel, "Applications of Personal Rights Violations through Publication on Social Media Platforms," Journal of the Faculty of Law, University of Al-Nahrain, Issue (2B), Volume 19, 2017, p. 96.

Etienne Quillet, "The Right to Digital Forgetting on Social Networks," Master's thesis in Human Rights and Humanitarian Law, Panthéon-Assas University, 2011, p. 4.

Boukhlout Azine, ibid., p. 551.

Article 4 of Law No. 78-17 of January 6, 1978, related to computers, files, and freedoms (Amended by Ordinance No. 2018-1125 of December 12, 2018 - art. 1/5): "Processing is necessary for the execution of a public interest mission or the exercise of public authority vested in the data controller." Article 6 of Law No. 78-17 of January 6, 1978, related to computers, files, and freedoms (Amended by Ordinance No. 2018-1125 of December 12, 2018 - art. 1): "It is prohibited to process personal data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, or union membership, genetic data, biometric data for uniquely identifying a person, health data, or data concerning a person’s sexual life or sexual orientation."

Article 12 of the Universal Declaration of Human Rights states: "No one shall be subject to arbitrary interference with his privacy, family, home, or correspondence, nor to attacks upon his honor and reputation. Everyone has the right to the protection of the law against such interference or attacks."

Article 17 - Right to Erasure (Right to be Forgotten) of the General Data Protection Regulation (GDPR) of May 23, 2018: "The data subject has the right to obtain from the data controller the erasure, without undue delay, of personal data concerning him or her, and the data controller shall erase such personal data without undue delay when one of the following grounds applies…"

Boukhlout Azine, ibid., p. 586.

Ben Azza Mohamed Hamza, ibid.

Kadem Hamdan Sadekhan, Shorouq Abbas Fadel, ibid., p. 96.

Artificial Intelligence, Privacy, and Children's Privacy, Report of the Special Rapporteur on the Right to Privacy, Session 46, available at:

https://www.ohchr.org/ar/documents/thematic-reports/ahrc4637-artificial-intelligence-and-privacy-and-childrens-privacy , accessed on 25-12-2024 at 23:50.

Adel Abdelsadeq, "The Right to be Forgotten: Between Knowledge and Privacy," article available at: https://accronline.com/article_detail.aspx?id=19502&srsltid=AfmBOoqUWC65SnJjNk2gsFX9o0QjL4CewBfQ9f7WoujyVi935C2INnS_, accessed on December 25, 2024, at 00:12.

Anes Hadjadji, " the right to be digitally forgotten: A Fundamental Support for Safeguarding the Right to Privacy," article available at the following link: https://www.marocdroit.com/%D8%A7%D9%84%D8%AD%D9%82-%D9%81%D9%8A-%D8%A7%D9%84%D9%86%D8%B3%D9%8A%D8%A7%D9%86-%D8%A7%D9%84%D8%B1%D9%82%D9%85%D9%8A-%D8%AF%D8%B9%D8%A7%D9%85%D8%A9-%D8%A3%D8%B3%D8%A7%D8%B3%D9%8A%D8%A9-%D9%84%D8%AA%D8%AD%D8%B5%D9%8A%D9%86-%D8%A7%D9%84%D8%AD%D9%82-%D9%81%D9%8A-%D8%A7%D9%84%D8%AD%D9%8A%D8%A7%D8%A9-%D8%A7%D9%84%D8%AE%D8%A7%D8%B5%D8%A9_a8977.html, accessed on 26-12-2024 at 22:45.

Ben Azza Mohamed Hamza, ibid.

Adel Abdel Sadek, ibid.

Everything About the GDPR: Origin, Objectives, Sanctions, article available on the website: https://admaker.fr/blog/tout-sur-rgpd-origine-objectifs-sanctions/, visited on 26-12-2024 at 23:55.

Ben Azza Mohamed Hamza, ibid.

Bouzidi Ahmed Tidjani, "The Right to Access the Right to be Digitally Forgotten as a Mechanism to Protect the Right to Privacy," Journal of Law Voice, Volume 6, Issue 2, November 2015, Algeria, p. 1252.

Raymond Wax, ibid., p. 133.

Ben Azza Mohamed Hamza, ibid.

Sidra Wassila, " the right to be digitally forgotten in French and Algerian Law : Between Acknowledgment and Implementation," Al-Nibras Journal of Legal Studies, Volume 7, Issue 1, June 2023, p. 44.

Article 35 of Law 18-07 in Arabic states:

"The concerned person has the right to obtain, free of charge, from the data controller the following: a) Update, correct, erase, or lock personal data that is being processed in violation of this law due to its incomplete or incorrect nature, or because its processing is prohibited by law. The data controller is obliged to make the necessary corrections free of charge, for the benefit of the applicant, within 10 days from the date of notification."

The same text of the article in French reads: "The concerned person has the right to obtain, free of charge, from the data controller: a) The update, correction, erasure, or locking of personal data whose processing does not comply with this law, especially due to the incomplete or inaccurate nature of such data, or because its processing is prohibited by law. The data controller is obliged to make the necessary corrections free of charge for the applicant within ten (10) days of his/her request."

Sidra Wassila, ibid., p. 47.

Sidra Wassila, ibid., p. 49.

Article 47 of Order No. 75-58, dated 20 Ramadan 1395, corresponding to September 26, 1975, regarding the Civil Code, Official Gazette No. 78, dated September 30, 1975, amended and supplemented, states : "The civil rights of a person who has suffered an unlawful violation of their rights are protected, and they may request the cessation of such violations and compensation if damage has occurred."

Article 47 of the 2020 Constitutional Amendment states :

"Everyone has the right to protect their private life and dignity. Everyone has the right to the confidentiality of their correspondence and private communications in any form. These rights cannot be infringed upon except by a justified order from the judicial authority. The protection of individuals when processing personal data is a fundamental right. The law punishes any violation of these rights."