Data Privacy and Data Protection

  • The right to privacy is gaining prominence with increasing data flows and the concomitant need for the protection of personal information.

  • Although the MENA region lacks a dedicated regional convention on data protection, Convention 108 of the Council of Europe is open for accession by non-European states and has been acceded to by two state in the region.

  • States should ensure that their domestic legislation sets out standards for the lawful processing of personal information and that they maintain this legislation in line with data protection developments.

  • Linked to data protection are the privacy-related concepts of the ‘right to be forgotten’, encryption and limits on government surveillance.

  • Notably, the disclosure of journalistic sources as a result of state surveillance has a negative impact on freedom of expression and journalistic freedom.

Introduction

The right to privacy and the concomitant requirement to protect personal information or data has garnered significant attention since the dawn of the information age. While the internet and online information-sharing and data collection increase at an exponential rate, legislative developments have failed to keep pace and adequately protect personal information. However, some states have begun to adopt data protection-related instruments and regulations in an attempt to protect the privacy rights of their citizens.

This module focuses on data protection in the MENA region and the related concepts of the ‘right to be forgotten’, encryption and surveillance.

In this module

  1. Introduction
  2. The Right to Privacy
  3. Data Protection
  4. ‘The Right to be Forgotten’
  5. Encryption and Anonymity on the Internet
  6. Government-led Digital Surveillance
  7. Conclusion

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