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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.


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