About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

11 Berkeley J. Middle E. & Islamic L. 1 (2020)

handle is hein.journals/bjme11 and id is 1 raw text is: Prioritizing Fair Information Practice Principles Based on Islamic Privacy Law Ayesha Rasheed* All global privacy law is, to varying degrees, based upon the Organization for Economic Cooperation and Development's Fair Information Practice Principles (FIPPs). Thoughfirst developed in 1973, few have questioned the extent to which the FIPPs and subsequent regulations operationalizing them account for non-Western (i.e. non- neoliberal) legal and cultural systems. But given the increasingly international character of data flows and the number of non-European countries now enacting national data privacy laws for the first time, that oversight should be remedied. In particular, nations that observe some form oflslamic law or culture have rich histories ofdiscourse that speak directly to definitions of privacy interests and methods of privacy protections. Those studying data privacy in these nations or looking to move information to and from them should be mindful of Islamic perspectives on privacy and encourage greater examination of such perspectives' intersection with extant data privacy regimes. Intro du ction ......................................................................................... . 2 I.Administrative and Economic Motives Behind the OECD's Fair Inform ation Practices ............................................................... . 4 II.Privacy Principles from Islamic Law ............................................... 9 III.Weighting FIPPs According to Islamic Privacy Values ................ 13 C o n clu sio n ......................................................................................... . 17 DOI: https://doi.org/10.15779/Z38P843W74 *. J.D., University of California, Berkeley, School of Law; M.Sc., University of Oxford; B.S. with Honors, Stanford University. Many thanks to Talha Aziz Mirza (J. D. Candidate, University of California, Berkeley, School of Law '21) for his patience and thoughtful edits, to Sabreen Ahsan (University of Oxford, '16) for guiding me through a maze of hadith, Adil Tobaa (University of Chicago, '16) for helping me parse words in Arabic and English, and the vibrant Muslim community of the Bay Area. Errors and oversights are my own. 1

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Short-term subscription options include 24 hours, 48 hours, or 1 week to HeinOnline.

Purchase Access

Contact us for annual subscription options:

Contact Us

Already a HeinOnline Subscriber?

Log In

profiles profiles most