The President of the Constitutional Court, Leila Asalawi, confirmed today, Thursday, that the Constitutional Court’s embrace of the school day comes within the framework of its cooperative vision and openness to institutions, with the aim of achieving integration between institutions, in service of the public interest, according to a statement by the court.
The President of the Constitutional Court pointed out that the massive digital revolution, the emergence of artificial intelligence and Big Data, and the global trend towards digitization have made personal data a strategic currency for economic management and development. On the other hand, this revolution brought with it a new security challenge represented by cybercrime, which forces countries to develop legal tools and practical mechanisms to protect the private lives of individuals and cybersecurity.
In the same regard, the President of the Constitutional Court stressed that Algeria was one of the countries that paid attention to the sensitivity of data of a personal nature, as the President of the Republic took the initiative to strengthen the constitutional protection of data within the 2020 Constitution, which explicitly approved the right of every person to protect his private life and honour, and his right to the confidentiality of his correspondence and private communications, and to prevent infringement of these rights except by a reasoned judicial order. Most importantly, it made the protection of people when processing personal data a fundamental right, which took it from being merely technical measures to the level of an inviolable constitutional right.
Asalaoui added that the Algerian legislator worked to activate constitutional guarantees by issuing Law 18-07 (amended and supplemented) related to the protection of natural persons in the field of processing data of a personal nature, which establishes an integrated system of provisions based on the principles of proportionality, legality and transparency, with an emphasis on the consent of the data subject.
The law also approved – according to it – the establishment of the National Authority for the Protection of Personal Data, and it was entrusted with the task of ensuring that the processing of personal data complies with the provisions of the law and ensuring that information and communication technologies do not pose risks to rights and freedoms.
On the other hand, the President of the Constitutional Court explained, at the conclusion of her speech, that the roles granted to the two institutions highlight the complementary work between them: The Constitutional Court: carries out the normative and preventive role through its oversight of the constitutionality of texts, as it refers to Law 18-07 when necessary when constructing its decisions. The National Authority: exercises a technical and applied role, which includes powers such as granting licenses, receiving statements, and receiving protests, appeals, and complaints related to the implementation of the processing of personal data.
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