National Commission for the Control of Personal Data Protection
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The National Commission for the Control of Personal Data Protection (CNDP; French: Commission nationale de contrôle de la protection des données à caractère personnel) is a Moroccan administrative authority responsible for ensuring that the processing of personal data complies with the law and does not infringe upon privacy, freedoms and fundamental rights.
It was established by Law No. 09-08 of 18 February 2009 relating to the protection of individuals with regard to the processing of personal data.
The commission is composed of individuals recognized for their competence and experience in legal, judicial and information technology fields, as well as for their independence and integrity.
Composition
The commission is headed by a president appointed by the King of Morocco. The latter also appoints six members, upon proposal from:
- the Head of Government (two members);
- the President of the House of Representatives (two members);
- the President of the House of Councillors (two members).
Members of the commission are appointed for a term of five years, renewable once.
Missions
The CNDP's primary objective is to ensure respect for the freedoms and fundamental rights of individuals with regard to the processing of personal data.
The commission's missions can be summarized into five main areas:
Information and awareness
The CNDP carries out information and awareness activities aimed at individuals, organizations and public and private institutions. In this context, it seeks to:
- inform individuals about their rights under the legal framework governing the use of personal data in Morocco;
- advise and support individuals in protecting themselves against misuse of their personal data;
- raise awareness among public and private entities regarding their obligations and best practices in data processing;
- assist data controllers in implementing compliance processes with Law No. 09-08 and its implementing texts;
- explain to economic operators the rules governing cross-border data transfers.
Advisory and proposals
The CNDP provides advice to the government, parliament and other public authorities on matters related to personal data protection. In particular:
- it issues opinions on draft laws and regulations relating to personal data processing;
- it assists the government in preparing Morocco's position in international negotiations in this field;
- it submits proposals or recommendations concerning legislation on personal data protection.
Protection
The CNDP is the Moroccan body responsible for the protection of personal data. In this capacity, it works to promote transparency in the use of personal data by public and private entities and to ensure a balance between the protection of privacy and the legitimate use of data.
To this end, the CNDP:
- examines complaints from individuals;
- processes declarations and authorization requests submitted by data controllers;
- maintains a public register.
Monitoring and investigation
The CNDP has investigative and supervisory powers allowing it to verify that personal data processing complies with Law No. 09-08 and its implementing texts. Its agents may access all elements involved in data processing (data, equipment, premises, storage media, etc.). These controls may lead to administrative, financial or criminal sanctions.
Legal and technological monitoring
The CNDP monitors, studies and analyzes technological, economic, legal and societal developments that may affect the protection of personal data in Morocco.