The National Authority for the Protection of Personal Data, in accordance with Decision No. 01 dated February 25, 2026, launched a new legal framework related to adapting the results of negative medical tests that prove that candidates do not abuse drugs and/or psychotropic substances in the context of employment or participation in professional examinations and examinations, ensuring that this data is processed in a legal manner that protects privacy and respects the rights of individuals.
The deliberation includes a set of important regulatory procedures to ensure the legal and safe handling of the results of medical tests. In the context of Article One, the deliberation confirmed that negative medical tests that prove that the candidate is not using drugs and/or psychotropic substances are considered health data that are processed in implementation of a legal obligation imposed under the applicable legislative and regulatory texts.
As for the second article, it indicated that the phrase “negative” or “positive,” if it is devoid of any additional medical details or analytical data, is not considered sensitive data that requires prior authorization, within the legally specified purpose of verifying the fulfillment of the employment condition. With regard to Article Three, the deliberation clarified that treatment officials in the public and private sectors, when they process this data, are subject to the authorization system stipulated in Article 13 of Law No. 18-07 amended and supplemented, while adhering to the principles of Legality, defining the purpose, reducing the size of the data, ensuring its security and confidentiality, and not keeping it except for the period necessary to achieve the purpose for which it was collected, which ensures the protection of the personal data of researchers and candidates.
Regarding Article Four, the deliberation stipulated that the record of medical analyzes be kept for a period of only three months starting from the date of their completion, within the framework of respecting the principle of minimizing data retention and not overusing it, in a way that enhances the confidentiality of information and reduces potential legal risks. As for Article Five, the deliberation confirmed its official publication on the website of the National Authority for the Protection of Personal Data, to ensure transparency and make information available to the public and those interested in the subject.
This deliberation was based on a set of legal and regulatory texts, including Order No. 06-03 of July 15, 2006 relating to the General Basic Law of Public Service, Law No. 90-11 of April 21, 1990 relating to labor relations, and Law No. 04-18 of December 25, 2004 relating to the prevention of narcotic drugs and psychotropic substances and the suppression of their use and trafficking.
In addition to Law No. 18-07 of June 10, 2018 relating to the protection of natural persons in the field of processing personal data, and finally Executive Decree No. 26-76 of January 14, 2026, specifying the conditions and methods for preventing the abuse of drugs and/or psychotropic substances when employed in the public and private sectors.
This deliberation comes within the framework of enhancing the protection of personal data and ensuring that the results of medical analyzes are processed in accordance with precise legal rules, in a way that guarantees the rights of candidates and limits any possible violations of privacy. It also emphasizes the balance between verifying employment conditions and maintaining the confidentiality of health data, in line with international standards for the protection of personal data.
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