In today’s digital age, our personal data is like a valuable treasure trove, constantly being collected, analyzed, and used by companies, governments, and who knows who else. But what about our rights to control this information? Enter the fascinating world of data protection and privacy laws — a complex yet empowering landscape that grants you, the individual, the key to safeguarding your digital footprint. Buckle up and get ready to dive deep, because understanding these legal intricacies is no longer optional, it’s your superpower in navigating the ever-evolving terrain of data privacy.
Your data your rights
As a well informed person, it is your foremost responsibility to update yourself with this fast evolving world for your personal safety and protection. The new world of cybercrime and increasing digital threats, it will be the world of cyber crime, so we need to adopt to the changing demands about how to protect our information or any kind of unethical activity. Oneself proactive measures using cybersecurity according to the devised modalities can be very beneficial to mitigate such activities.
All European Union (EU) institutions, bodies, offices and agencies (EUIs) process personal data in their day-to-day work. It is most likely that other states or countries also have a standard operating procedures and their relevant laws and rules. We are going to shed light on Personal data protection rules applicable to EUIs which provide individuals in the EU with the reassurance that they enjoy the same strengthened rights when dealing with the EU institutions, bodies, offices and agencies as they do when dealing with companies, organizations or public bodies in the EU Member States. It is a best example for people to go through these.
According to EU data protection law, individuals, as data subjects, have specific rights when their personal data is processed, including collection, retention, or exchange. The key rights are outlined below.
Step by step module about relevant laws of data protection and privacy
Fair and lawful processing
Your personal data should be processed with in legal ambit in a fair way. Organizations can only use your data for specified and legitimate purposes.
Right to transparency
Right to transparency means you have the complete information of how and your data will be processed to make the process clear and transparent. This right also include that the information provided to you is easily accessible format and it is easy to understand.
Right to be informed
You are entitled to receive information about the processing of your personal data, including details on the purpose, the identity of the data controller, and the categories of data involved, as well as the recipients of the data.
Right to access
You have the right to access your personal data processed by the relevant organisation. This includes the ability to request a copy of the data and receive information about the specific processing activities, such as the purpose and recipients of your personal information.
Right to erase
Your private data access is in your hands, if your purpose for which data is being processed is fulfilled you can withdraw the consent and erase your data. If you find anything unlawful, in that case you can take your consent.
Right to restrict the processing of your data
If you are skeptical about your data and it lawful use or something fishy, you can request to controller about the restriction of certain data for certain circumstances, you may file your grievances to the controller to keep your data private.
Right to data portability
If one controller has the data, you can excess under this right and transfer it to the other controller.
Right to rectification
If you found any vulnerability in the accuracy or authenticity of your data, you can rectify it by putting a question to the concerned organization.
Right to object
You possess the right to raise an objection to decisions made through automated processes, like profiling, especially if such decisions could lead to legal consequences for you or have a substantial impact on you in a similar manner.
Right to object to automated individual decision making
If you are concerned about any illegitimate activity or any unlawful purpose, you own the right to raise objection at any given time on compelling and legitimate grounds.
REMEMBER,
THE PROTECTION OF YOUR PERSONAL DATA IS YOURFUNDAMENTAL RIGHT!
Comprehensive Data Protection Framework in the UAE
The United Arab Emirates (UAE) has established a comprehensive legal framework to safeguard data protection and privacy. Central to this framework is the Federal Decree-Law No. 45 of 2021 on the Protection of Personal Data Protection (PDPL), enacted in September 2021. This law governs the processing of personal data by both controllers and processors.
Alongside the PDPL, the UAE Constitution guarantees citizens’ privacy rights, while the Civil Code outlines obligations pertaining to employee information and non-competition agreements. Moreover, sector-specific regulations such as the Telecommunications Law and Consumer Protection Regulations impose stringent requirements on licensed operators regarding the protection of subscriber information.
1.1. Key Acts, Regulations, Directives, Bills
The PDPL serves as the primary federal data protection law, broadly applying to personal data processing activities.
- Article 31 of the Constitution outlines citizens’ right to privacy, particularly emphasizing communication freedom and secrecy under the law.
- Relevant sections of the Civil Code address employer obligations regarding employee information and non-competition agreements.
- Telecommunications Law and Consumer Protection Regulations impose obligations on licensed operators to protect subscriber information.
- The Cybercrime Law delineates penalties for various cyber offenses, including unauthorized access to electronic personal data.
- Commercial Transactions Law details provisions for maintaining commercial records, such as correspondence and invoices.
- The Health Data Law regulates the collection, processing, and transfer of health data by healthcare entities, supplemented by additional regulations and ministerial decisions.
- Ministerial Decision No. 51/2021 clarifies aspects of the Health Data Law concerning restrictions on health data collection, processing, and transfer.
These legislative measures collectively ensure a robust framework for data protection and privacy in the UAE, encompassing diverse sectors and aspects of personal data management.
Cybercrime Law
The Federal Decree-Law No. 34/2021 Concerning the Fight Against Rumors and Cybercrime establishes penalties for cyber offenses in the UAE. Unauthorized access, modification, or disclosure of electronic personal data incurs detention and/or fines. Furthermore, stringent penalties apply to offenses involving government, financial, commercial, or electronic establishment data, including provisional imprisonment and substantial fines.
To understand how UAE’s PDPL and legal defense strategies intersect, explore our Legal Integrity Services designed to help organizations align with regulations and avoid legal pitfalls.
Health Data Law
The UAE Federal Law No. 2 of 2019 governs the collection, processing, and transfer of health data, ensuring alignment with international standards and enhancing the Ministry of Health’s control over sensitive resident data. Supplementary regulations, like Cabinet Resolution No. 32 of 2020, emphasize the security and accuracy of electronically stored health data. Ministerial Decision No. 51/2021 clarifies restrictions on health data collection, processing, and transfer, providing further guidance to businesses and reinforcing UAE’s commitment to international data regulation standards.
Data Protection and privacy laws (World Bank)
Data protection requires a holistic approach to system design that incorporates a combination of legal, administrative, and technical safeguards. Data gathered from World bank website shows, it is imperative for ID systems to be supported by legal frameworks that ensure the protection of individual data, privacy, and user rights. Numerous countries have embraced comprehensive data protection and privacy laws, which extend beyond the scope of ID systems to encompass various government or private-sector endeavors involving the processing of personal data. Aligned with global standards on privacy and data protection, these laws commonly incorporate extensive provisions and principles pertaining to the collection, storage, and utilization of personal information.
Purpose limitation
The collection of data is confined to purpose, the personal data in use is collected with the persons consent as per stated in law, the individual would know the time when it is collected and when it is processed.
Proportionality and minimization
Less is more! An ID system should only collect the data it truly needs to function, like the essential tools for a specific job. This avoids information overload and prevents the system from creeping into collecting unnecessary data, both of which can threaten privacy.
Lawfulness
The collection and use of personal data should be done on a lawful basis, e.g., involving consent, contractual necessity, compliance with legal obligation, protection of vital interests, public interest and/or legitimate interest.
Fairness and transparency
Data collected and used for processing should be done by professionally transparent and fair means.
Accuracy and storage limitations
Personal information should reflect accurate facts and figures, if there is any inefficiency it should be expediently rectified. People have a complete say for how long they want to keep the data with any organization, if according to them there is no need for their data to be processed they can discard their consent.
Privacy enhancing technologies
Imagine tools that protect your privacy by using clever tricks like disguising your ID number. These technologies, like tokenization, are key! They collect less data, prevent unnecessary processing, and make following privacy rules easier. They’re like mini-guards for your information, keeping it safe and sound.
Accountability
There should be a third party audit, in fact the data should be collected and processed in the availability of an appropriate independent oversight authority.
When it comes to data, data privacy and data protection both are important and often used interchangeably, I think anyone who is reading it should know about data privacy, why is it important and what is corporate and personal privacy. You should read this article for further details, by explaining it here will make this piece lenghty and out of the bound for this topic.
Data Privacy and Security: Safeguarding Information in the Digital Age
Knowing how to safeguard your information in today’s digital world has never been more important.
Here is the crux for a layman, everyone should read this:
- When someone wants your personal info, they gotta play fair. They need to get your permission and only use it for specific reasons they explained upfront. No sneaky stuff!
- This information shouldn’t be used to keep tabs on you in secret or build profiles about you without you knowing. Governments, businesses, and everyone else needs to be transparent and get your okay before doing anything like that.
- Remember, the reason they collected your information is the only reason they can use it for, unless the law throws a curve ball.
- But wait, there’s more! You have some control over your information too. You can see what they have, fix any mistakes, and even complain if they’re not playing by the rules. So, keep your guard up and don’t be afraid to speak up!
References
- https://www.linkedin.com/pulse/data-privacy-uae-what-you-should-know-success-digital-ahmed-hatem-/
- https://www.edps.europa.eu/system/files/2022-01/22-01-21_infographic_dataproday22_en.pdf
- https://id4d.worldbank.org/guide/data-protection-and-privacy-laws
- https://medium.com/@theautodit/your-data-your-control-exploring-gdprs-8-data-subject-rights-9eb59839d7b3
- https://www.businesstoday.in/opinion/columns/story/digital-privacy-why-a-cultural-lens-is-essential-in-understanding-intricacies-of-digital-data-protection-403571-2023-10-27
- https://www.ironhack.com/gb/blog/data-privacy-and-security-safeguarding-information-in-the-digital-age
- https://www.dataguidance.com/notes/uae-data-protection-overview