Loi n° 09-04 du 5 août 2009 portant règles particulières relatives à la prévention et à la lutte contre les infractions liées aux technologies de l'information et de la communication (Law No. 09-04 of 5 August 2009 laying down specific rules for the prevention and combating of offences relating to information and communication technologies)

Law No. 09-04 of 5 August 2009 is Algeria's principal dedicated statute for the prevention and combating of offences linked to information and communication technologies (ICT). Comprising 19 articles across six chapters, it complements the general Penal Code and establishes both procedural rules and a surveillance regime rather than re-stating every substantive offence. The law gives Algeria a framework for addressing attacks on the confidentiality, integrity and availability of computer data and systems, and for organising electronic monitoring of communications in defined circumstances. On the substantive side, the law operates together with Penal Code provisions criminalising unauthorised access to, and remaining within, automated data processing systems; fraudulent input, alteration or deletion of data; and interference with system functioning, with aggravation where the security of the State, national defence or public institutions is affected. The law's most distinctive feature is its procedural architecture. It authorises surveillance of electronic communications to detect and investigate ICT-related offences and certain serious crimes (including terrorism and offences against State security), subject to authorisation, and sets out the conditions under which monitoring may be carried out. The law imposes substantial obligations on service providers. Providers must cooperate with the judicial authorities and judicial police, preserve and safeguard the integrity of data during investigations so that seized data remains unaltered (Articles 5 - 6), and retain traffic and connection data for a defined period to support inquiries. Use of data collected under the law is restricted strictly to judicial purposes, and unauthorised disclosure is prohibited (Article 9). Providers are also required to deploy technical measures to safeguard stored data, to remove or block access to content whose circulation constitutes an offence (in particular content contrary to public order or morality), and to inform subscribers of such restrictions. The law provides for a national body responsible for the prevention of and fight against ICT-related offences, which coordinates preventive surveillance and supports investigations. Because the law combines criminal-procedure powers, data-retention duties and content-blocking obligations, it carries a significant digital-rights dimension and has drawn commentary on its surveillance scope. It remains the cornerstone of Algeria's cybercrime enforcement framework and operates alongside the personal data protection regime (Law No. 18-07 of 2018).

1. 1Establishes specific procedural rules for preventing and combating ICT-related offences across 19 articles in six chapters, complementing the Penal Code
2. 2Authorises surveillance/interception of electronic communications to detect and investigate ICT offences and serious crimes (including State-security and terrorism offences), subject to authorisation
3. 3Requires service providers to cooperate with judicial police and authorities and to preserve the integrity of data during investigations (Arts 5 - 6)
4. 4Mandates retention of traffic and connection data and restricts use of collected data strictly to judicial inquiries, prohibiting unauthorised disclosure (Art 9)
5. 5Obliges providers to deploy technical safeguards for stored data and to block or remove unlawful content (notably content contrary to public order or morality), notifying subscribers
6. 6Provides for a national body to coordinate prevention of and the fight against ICT offences