The protection of personal data according to the civil and criminal Moroccan laws in light of jurisprudence

Anass Gaagouch
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Anass Gaagouch: LLM in Business Law, PhD candidate at the Sidi Mohamed Ben Abdellah University of Fez, Morocco

Journal of Data Protection & Privacy, 2024, vol. 6, issue 3, 240-255

Abstract: With the growing dependence on information technology for personal data processing and the diverse activities requiring data use, risks to privacy have increased. Violations are more prevalent in the computer age. In this regard, the study of the protection of personal data, as formulated, has both theoretical and practical importance. This paper aims to analyse two aspects of personal data protection within Moroccan law. It encompasses civil protection based on civil liability rules, and penal protection as guaranteed by the Moroccan Penal Code. Taking into account Moroccan judicial practice and jurisprudence in this field and incorporating insights from over 28 relevant judgments, this analysis will be conducted independently of the provisions of Law No. 09-08 governing privacy and data protection. It also considers the widespread use of the Civil Code and Penal Code by Moroccan courts as foundations in matters involving personal data protection.

Keywords: Moroccan data protection law; personal data and cybercrimes; civil liability; contractual liability; personal data protection; privacy; image protection; data falsification; Moroccan jurisprudence (search for similar items in EconPapers)
JEL-codes: K2 (search for similar items in EconPapers)
Date: 2024
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