Criminal Protection of Personal Data Processing in the Saudi System: A Comparative Study 10.35781/1637-000-114-005

Abstract

The research addresses the topic of criminal protection for the processing of personal data in the Saudi legal system. Protecting personal data has become critically important due to technological advancements and the widespread use of the internet, which has made personal data vulnerable to breaches. The research aims to study crimes related to the processing of personal data and the penalties prescribed for them in the Saudi system, comparing them with French and Egyptian legislation. Personal data is defined as any information that can directly or indirectly identify an individual, such as name, ID number, address, photos, etc. Saudi, Egyptian, and French legislation have defined it similarly, emphasizing the protection of individuals' privacy. Processing includes any operation performed on personal data, whether it involves collection, recording, storage, modification, or transfer. Personal data must be collected lawfully and with the consent of the individual, and the purpose of collection must be legitimate. Any violation of these conditions is considered a crime punishable by the system. The Saudi system has established criminal penalties, including imprisonment, fines, or both, with the possibility of doubling the penalty in case of repeat offenses. Penalties for legal entities (companies and institutions) have also been established. Objective of the Research: The research aims to discuss and study the criminal protection of personal data processing in the Saudi system, identify the legal frameworks for such data, and highlight its importance in light of rapid technological advancements, the internet, information exchange, and the use of artificial intelligence. Research Methodology: The researcher used a comparative analytical approach, examining procedural laws such as the Saudi, Egyptian, and French legal systems. Key Findings of the Research: 1. Stricter penalties for repeat offenders, making imprisonment mandatory to deter repeat violations of privacy and personal data. 2. Introducing a system of exemption from penalties for offenders who report violations, provided the report aids in uncovering the crime. 3. Limiting the duration of data storage to a specific period (e.g., one month or one year), renewable by the relevant authority if the purpose of storage is not achieved within that period, to prevent misuse of stored data. 4. Establishing specialized courts to handle cases related to personal data protection, similar to the Egyptian legislator, which assigned this role to economic courts.