Order 75-89 of December 30, 1975 created the Post and Telecommunications
Act, and the responsibilities of the Ministry of Post and Telecommunications
were laid down in 1983. This assured the implementation of national
telecommnications policies. The Ministry is responsible for the regulatory
framework, ensuring the monopoly remains unthreatened and assigning spectrum
and frequencies.
It also oversees the development and manage-ment of the general network
according to specific technical standards, established by itself.
The Minister of Posts and Telecommunication has four technical counsellors
who advise on economic and financial areas, links with international bodies,
legislation and regulation and security questions. In 1990, the P&T started
deregulating some of its activities, particularly with regards to procurement
and distribution of equipment. Its role in the supply of consumer equipment is
now limited to defining technical standards and the approval of imported
equipment.
Only Algerian citizens are allowed to provide Internet services for
commercial purposes. Requests to provide such services must be addressed to the
Minister of Telecommunication setting out details of proposed services and
modes of access. A technical study will specify the architecture, facilities,
software, partners as well as modes of connection. The users of foreign
provider services are submitted to these same conditions.
The Minister of Post and Telecommunications defines the entire development
policy for the sector and proposes all relative regulation. The Ministry
monitors the activity of the private enterprises active in the sector, proposes
technical regula-tions, establishes employment legislation and lays down
standards for the sector.
No telecommunications installation can be estab-lished or used without
permission from the Min-istry of Post and Telecommunication.
A new permanent commission has been set up and is in charge of examining
license demands and of formulating recommendations in matters of service
development. The representative of the Minister of Telecommunications heads the
Commission.
The Minister of Post and Telecommunications laid down tariffs in 1983.
Inter-city calls of news-papers and press agencies are given a special tariff,
while public servants are also given reduced rates.
Privacy, data protection, consumer protection
The Internet provider is obliged to keep confi-dential all information relative
to the private life of its subscribers. It is also held accountable for the
contents of pages and data servers that it develops and hosts. (Article 14 of
the ministerial decree no 98-257 of August 25, 1998 defining conditions and
appropriate modes for using and operating Internet services).
Section 303 of the penal code (see Art. 47 and 48 of the Post and
Telecommunication code: legisla-tion) punishes all violations of secret
correspon-dence trusted to the service of telecommunication.
The confidentiality of conversations through shared lines is assured (Art.
311 of the Post and Telecommunication code: regulation).
Electronic protection, legal protection and security
The distribution of broadcast and frequency utilisation subject to the
authority of the Superior Council of Information. (Art. 56 of law no 90-07, 3
April 1990 relative to information).
Freedom of expression and information
The Superior Council of information, an indepen-dent regulatory authority, has
been established. It is in charge of specifying regulations surrounding freedom
of expression, and is responsible for monitoring all written, spoken, and
broadcast information disseminated through the country.
The right to information is well established. There are public sector bodies
which assure free expres-sion of opinion and thought. (Art. 2, 3, 10, 14 and 53
of the law no 90-07, 3 April 1990 related to information)
Ongoing changes in institutional structures
Ministerial decree no 98-82 of February 25, 1998 dealt with the creation of the
Centre of Studies and Research on telecommunication, or CERT,
within the administration of Post and Telecommunications.
Ongoing changes in the regulatory framework
Ministerial decree no 98-257 of August 25, 1998 defined conditions and
appropriate ways for set-ting and operating Internet services.
Opening up the ISP sector will have an impact on tariff connections.
Law no 98-11 of August 22, 1998 on scientific research and technological
development enhances and accelerates the development of national networks of
information and telecommu-nication (Art.3)
The CERT a Research Centre on Telecommu-nications, was created
in 1998 (Ministerial decree no 98-82 of February 25, 1998 related to the
cre-ation of a research Centre on telecommunication CERT) and
placed under the authority of the Post and Telecommunication Minister. The
Centre undertakes study programs and research for the modernisation of the
telecommunication national network, by introducing new technology, developing
new equipment and material and setting new methods of development. It updates
the validity of technologies to conform to national and international norms.
The transmission service is in charge of relations with the international
committee of registration of the UIT frequencies (Art. 11 of the decree n°
83-72 of January 8, 1983 dealing with organisation of the central
administration of the Ministry of Post and Telecommunications).