Loi 18-07 art. 11 — no decision with legal effects may rest on the sole basis of automated profiling or personality evaluation, and no court may found an appraisal of conduct on one at all
Binds Responsables du traitement within the territorial scope of art. 4: processing carried out by a natural or legal person whose controller is established on Algerian territory (a controller carrying on an activity in Algeria through an installation, whatever its legal form, is treated as established there) or on the territory of a State whose legislation is recognised as equivalent; and processing by a controller not established in Algeria that resorts, for the purposes of processing, to automated or non-automated means situated on Algerian territory, excluding means used only for transit. In that second case the controller must notify the national authority of the identity of its representative installed in Algeria, who substitutes for it in all rights and obligations under the Law. The first limb of art. 11 binds the courts themselves. Art. 6 excludes from the Law data processed by a natural person in the exclusive course of personal or domestic activities and not destined for communication to third parties or dissemination, data collected and processed in the interest of national defence and security, and data collected and processed for the prevention, prosecution and punishment of offences and held in judicial databases.. Article 11 of Loi n° 18-07 du 25 Ramadhan 1439 correspondant au 10 juin 2018 relative à la protection des personnes physiques dans le traitement des données à caractère personnel is Algeria's operative automated-decision rule. It sits in Titre II, Chapitre I (fundamental principles), immediately before the declaration and authorisation machinery of art. 12, and has two limbs. The first is absolute and is addressed to the courts: no judicial decision involving an appraisal of a person's conduct may be founded on an automated processing of personal data intended to evaluate certain aspects of that person's personality — there is no consent, contract or safeguards exception to this limb. The second is the general rule: no other decision producing legal effects with respect to a person may be taken on the sole basis of an automated processing of data intended to define the profile of the person concerned or to evaluate certain aspects of their personality. The third paragraph supplies the only carve-out, and it operates by deeming rather than by exemption: decisions taken in the course of the conclusion or performance of a contract for which the person concerned has been put in a position to present their observations, and decisions satisfying the requests of the person concerned, are not regarded as taken on the sole basis of an automated processing. The Law carries no profiling definition, no right to an explanation of the logic involved and no human-review right; the opportunity to present observations exists only inside the contractual deeming clause.
Art. 76, the final article, is a bare publication clause — "La présente loi sera publiée au Journal officiel de la République algérienne démocratique et populaire" — and the Law contains no commencement article and no deferral for art. 11. The date used here is therefore the date of the Journal officiel that carries the Law: JO n° 34 of 25 Ramadhan 1439 corresponding to 10 June 2018, whose masthead and per-page footers were read directly in the JORADP French edition. Confidence is medium for the same reason as Morocco's art. 11: the Algerian general publication-to-force rule (art. 4 of the Code civil, Ordonnance n° 75-58) was not primary-source verified — the 1975 Journal officiel volumes on JORADP are image scans with no recoverable text layer, and Loi n° 05-10 of 20 June 2005, which amended the Code civil, was read in full and does not touch art. 4 — so it could not be confirmed whether force attaches on the day of publication or the day after. Art. 75 is a transitional provision, not a deferral of art. 11: persons already carrying on a processing activity at the date of promulgation must bring themselves into conformity within a maximum of one year from the date of installation of the national authority, on pain of the art. 56 penalties. Art. 11 itself is self-executing and is not conditioned on the authority existing; the art. 46 administrative route that enforces it is.
Stated maximum penalty — No criminal offence attaches to art. 11. The penal chapter (arts. 56 to 74) enumerates the articles it punishes — art. 12 processing without declaration or authorisation, sensitive data without express consent, purpose deviation, fraudulent collection, unauthorised access, obstruction of the national authority, the art. 28 national register, the art. 32, 34, 35 and 36 data-subject rights, arts. 38 and 39 security, art. 43 breach notification and art. 44 cross-border transfer — and art. 11 appears in none of them. Art. 47's fixed fine of 500,000 DA is likewise confined to arts. 32, 34, 35, 36 and to the notifications under arts. 4, 14 and 16. The route that does reach art. 11 is art. 46, under which non-observance of the provisions of the Law by the responsable du traitement leads the national authority to take administrative measures against them: a warning, a formal notice (mise en demeure), provisional withdrawal for a period not exceeding one year or definitive withdrawal of the declaration receipt or the authorisation, and a fine — with no amount fixed for it in the text. Decisions of the national authority are open to appeal before the Conseil d'Etat. Art. 70 refers offences by legal persons to the Penal Code and art. 74 doubles the penalties of the penal chapter on recidivism, but neither enlarges the reach of art. 11.