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19 J. Int'l L. Islamic L. 270 (2023)
Ensuring Privacy of Personal Data: A Panoramic View of Legal Developments in Personal Data Protection Law in Saudi Arabia

handle is hein.journals/jispil19 and id is 617 raw text is: 




Manchester Journal of Transnational Islamic Law & Practice
Volume 19, Issue 3: 270-276, 2023

    Ensuring  Privacy of Personal Data: A  Panoramic  View  of Legal Developments   in
                     Personal  Data Protection Law  in Saudi Arabia

                                   Siddharth  Kanojia*

Abstract: This note explores the importance of data privacy in the digital era and examines the
legal developments  in personal data protection law in Saudi Arabia. The  recently enacted
Personal Data Protection Law  (2021) aims to safeguard the privacy and rights of individuals
concerning their personal information by ensuring that personal data of the citizens is collected,
processed, and  stored lawfully and transparently. This note provides an overview  of key
provisions, scope, and implications of recently enacted legislation and examines it in relation
to the principles of Shariah. Finally, the note identifies key areas for further research to fully
understand the deeper implications and applicability of this new legal framework.

Keywords:   Personal Data; Data Protection; Data Breach; Privacy; Saudi Arabia


    I. INTRODUCTION

In an era characterised by pervasive digital connectivity, the protection of personal data has
become  a paramount concern in every jurisdiction. The term personal data encompasses any
information that can be utilised to identify an individual, their contact details, and highly
sensitive financial, health, or biometric information.1 Governmental and private organisations
tend to process and analyse this data responsibly, which in return fuels data-driven innovation
and economic  growth. Various studies have claimed that when individuals are convinced that
their data is protected, they are more willing to share their respective information for research,
development,  and tailored services.2 This, in turn, enables businesses and organisations to gain
valuable insights and deliver personalised experiences through creating innovative goods and
services to meet the evolving needs of their consumers. Hence, stringent regulations on data
protection could indirectly contribute to a thriving digital economy.

However,   the collection and  utilisation of personal data may   also elevate the ethical
considerations regarding  consent, transparency, and fairness as it is essential to uphold
individuals' fundamental right to privacy and autonomy. Therefore, regulations pertaining to
personal data protection aim to ensure that individuals are fully informed about how their data
is being used, and that they have the absolute right to give or withhold their consent to the
collection and use of their data. Ethical data practices involve obtaining informed consent by
facilitating clear privacy notices and implementing data protection safeguards to prevent
misuse or unauthorised access to personal data. In recent times, the protection of personal data
has also become a legal requirement in many jurisdictions. Governments around the world have
enacted comprehensive   legislation to regulate the processing of personal data and protect


*  Assistant Professor, O.P Jindal Global University, India. Email: siddharrhkanoii a(u.edu.in;
siddharrhka u iL ,fol@ginailcorn.
1 Karen McCullagh, 'Data sensitivity: Proposals for resolving the conundrum.' (2007) 2 Journal of International
Commercial Law and Technology 190, 201.
2 Chang Liu, Jack Marchewka, June Lu, and Chun-Sheng Yu, 'Beyond concern-a privacy-trust-behavioral
intention model of electronic commerce' (2005) 2 (42) Information & Management 289, 291.


Volume 19, Issue 3


(270)


2023

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