Three Key Provisions of the Personal Data Protection Law: Processing, Usage, and Cross-Border Data Transfer

With the increasing reliance on data in various economic and administrative activities, the Kingdom of Saudi Arabia has established a comprehensive Personal Data Protection Law to regulate the collection, processing, and transfer of data processes while ensuring individuals’ privacy rights.

This Law includes an integrated set of provisions and regulations designed to enhance security and protect personal data from violations.

In this article, we will explore some of the main provisions and clauses that protect individuals’ data, processing, usage, and transfer.

The Three Most Important Provisions of the Personal Data Protection Law

• Use Cases for Personal Data of Individuals
• Transfer of Personal Data Outside the Kingdom
• Exceptional Cases for Collecting Personal Data from Third Parties

Law Use Cases for Personal Data of Individuals

The Law also outlines the conditions that must be met when using personal data for various purposes, such as marketing or scientific research.

These conditions protect individuals from the unlawful or inappropriate use of their data.

Clauses for Using Personal Data of Individuals for Marketing Purposes:

• Explicit consent must be obtained from the targeted recipient before sending any marketing materials.
• The sender must include a mechanism that enables the recipient to express their desire to stop receiving marketing materials at any time.
• Processing personal data for marketing purposes is permitted, except for sensitive data, only after obtaining the owner’s consent.

Law Six Key Provisions Regulating the Use of Individuals’ Personal Data According to the Personal Data Protection Law in the Kingdom

• Personal data can be processed for marketing purposes.
• Prior consent from the data owner is required for processing sensitive data for marketing purposes.
• Data must be non-identifiable.
• Destruction of data that reveals the identity of the data owner.
• Data collection for scientific or research purposes or as part of a prior agreement with the data owner.
• Obtaining prior consent from the targeted recipient.
• A mechanism must exist to express the recipient’s desire to receive content.

Law Clauses for Using Personal Data of Individuals for Scientific and Research Purposes

• Personal data may be collected or processed for scientific, research, or statistical purposes without the consent of the owner, provided that:
• The data does not contain information that directly identifies the person.
• Any information revealing the identity of the data owner must be deleted before disclosure to any party.
• The data collection for scientific or research purposes must comply with other applicable regulations or be part of a prior agreement to which the data owner is bound.

Transfer of Personal Data outside the Kingdom

The transfer of personal data outside the borders of the Kingdom is permitted under specific conditions as stipulated by the Personal Data Protection Law to avoid exposing individuals or state interests to risks.

The following points summarize the cases where the transfer of individuals’ data outside the Kingdom is permitted:

• If the data transfer is executed under an agreement to which the Kingdom is a party.
• If the transfer is necessary to serve the interests of the Kingdom.
• If the transfer is executed to fulfill an obligation in which the data owner is a party.
• For other purposes as specified by the relevant regulations.

Four Essential Conditions Regulating the Transfer of Personal Data Outside the Kingdom According to the Personal Data Protection Law for Individuals

• National security and the Kingdom’s vital interests must remain uncompromised.
• A level of protection in the receiving entity must be equal to the level of security mandated by the Kingdom.
• The transfer of data should be limited to the minimum personal information necessary.
• Exceptions to these conditions apply in cases related to the life of individuals or disease prevention.

Conditions Required for the Transfer of Personal Data

• National Security: The transfer of data must not compromise national security or the vital interests of the Kingdom.
• Adequate Protection Level: There must be an appropriate level of protection for personal data in the external entity, no less than the level of protection established by the regulations and Law.
• Limitations on Transfer: The data transfer must be limited to the minimum amount of personal information required.
• Exceptions for Necessity: These conditions are exempted in cases of necessity related to the lives of individuals, their vital interests, or disease prevention.

Exceptional Cases for Collecting Personal Data from Third Parties

Despite the stringent controls imposed by the Personal Data Protection Law in Saudi Arabia on personal data collection and processing, there are exceptional cases where data may be collected or processed without the owner’s consent, provided that specific conditions are met.

These exceptions address situations that require a balance between protecting personal data and achieving other legitimate goals, such as public interest or security protection.

These cases include:

1. Prior Consent: If the data owner has given clear and explicit consent for their data collection, the concerned parties may proceed to collect and process that data under the provisions of the Law. This is one of the main foundations upon which the Law relies to ensure individuals’ rights.
2. Publicly Available Data: If personal data has been announced or made available through known sources such as public records or open databases, it can be processed without the data owner’s consent.
3. Public or Security Interest: The collection or processing of personal data is allowed if such actions are necessary to achieve public interest, meet security requirements, and implement another Law or legislation. This law includes compliance with judicial instructions or regulatory provisions.
4. Protection of Vital Interests: When adherence to strict rules concerning data collection harms the data owner or threatens their vital interests, data may be collected without prior consent.
5. Public Health and Safety: In cases of health emergencies or pandemics that require urgent intervention to protect public health or individuals’ lives, personal data collection and processing may be permitted to ensure an effective and swift response.
6. Unidentifiable Data: If personal data isn’t recorded or retained in a manner that allows for owner identification, either directly or indirectly, it can be processed without prior consent, as individuals’ privacy is not violated in this case.
7. Legitimate Interests: In some instances, personal data collection or processing is legal to achieve legitimate interests for the entity collecting the data, provided that these interests do not conflict with individuals’ rights or privacy.

Overall, the Personal Data Protection Law in Saudi Arabia represents a robust legal framework that ensures individuals’ privacy protection amid significant digital expansion.

Through clear provisions and strict conditions, the Law aims to balance the need to collect and use data for legitimate purposes while safeguarding individuals’ rights to privacy and security.