Law No 09-04 of 14 Chaâbane 1430 corresponding to August 5, 2009 laying down specific rules relating to the prevention and fight against offenses linked to information and communication technologies | Algeria

The Algerian law 09-04, enacted on 5 August 2009, focuses on preventing and combating offences related to information and communication technologies. The law is primarily focused on addressing crimes related to information and communication technologies. It introduces specific legal measures to combat such offences and to enhance security procedures surrounding electronic communications.

General Provisions: The law sets forth definitions and concepts foundational to understanding the regulations surrounding electronic communications. For example, it specifies what constitutes a computer system, computer data, service providers, traffic data, and electronic communications.

Scope of Application: Under this law, procedures are outlined for the lawful interception and surveillance of electronic communications, particularly under circumstances that pose threats to public order or national security, or are necessary for ongoing criminal investigations. It is clear from these sections that such operations require strict legal processes and oversight.

Surveillance of Electronic Communications: The law allows for electronic surveillance under certain conditions, including threats of terrorism or to national security, and for criminal investigations where other methods have failed to yield results. It also discusses the requirement of judicial authorisation for these actions, ensuring legal procedures are followed to prevent abuses.

Procedural Rules: There are specific provisions regarding the search and seisure of electronic systems and data. Authorities, with appropriate judicial permissions, can access and search computer systems and even extend their search remotely under certain conditions. They are also permitted to secure electronic data pertinent to criminal investigations.

Service Provider Obligations: Service providers are required to assist law enforcement in collecting and preserving data that may be relevant to criminal investigations. They are also mandated to maintain confidentiality over surveillance operations they participate in and to retain traffic data for a specified period to aid in any legal proceedings.

International Cooperation: The law extends to international cooperation, allowing for the exchange of electronic evidence and support in combating crimes that transcend national boundaries. It stipulates how these cooperative efforts should be conducted, ensuring they adhere to international treaties and reciprocal agreements.