Penalties and violations in the data protection system: What to avoid

The data protection system works to protect the privacy of individuals by obligating public and private entities to ensure data security and transparency in dealing with it.

The system imposes strict penalties for violations, including fines or imprisonment. Therefore, in this article, we explain the Personal Data Protection System, focusing on the penalties imposed on violators.

  Abdulaziz bin Yasser Al-Anzi Law Firm

What is a personal data protection system?

The Saudi Personal Data Protection System (PDPL) regulates the collection, processing and transfer of personal data, and aims through this to ensure the privacy of individuals and enhance digital trust.

The system requires public and private entities to obtain individuals' consent before processing their data, implement strict security measures, and respect data subjects' rights, such as the right to access, rectify, and destroy their data. The Implementing Regulations of the Personal Data Protection Law also stipulate penalties ranging from fines of up to 5 million riyals for Saudis to 3 million riyals for the unlawful disclosure of sensitive data.

This, in addition to prison sentences that may reach two years in some cases, also requires the immediate reporting of any data breaches, and prohibits the transfer of data outside the Kingdom without meeting specific conditions.

Main objectives of the personal data privacy protection system

The Personal Data Protection System seeks to guarantee individuals' rights to privacy and control over their information by achieving the following key objectives:

1. Protecting the personal data of individuals within the Kingdom.
2. Ensuring respect for privacy rights and data control.
3. Organizing the processing, storage, and transfer of personal data.
4. Creating a safe and reliable environment for data management.
5. Setting clear obligations for companies and entities that handle data.

Scope of the Personal Data Protection System Project

The Saudi Personal Data Protection System (PDPL) covers all processing of personal data of individuals within the Kingdom, regardless of the method or means used.

This also applies to the processing of individuals' data in the Kingdom by third parties located outside its borders, including data relating to the deceased, if it leads to the identification of the deceased or a member of their family.

Rights of Personal Data Holders under the Saudi Data Protection Law

1. The right to know the reason for collecting the data, the identity of the entity collecting it, the beneficiaries, the possibility of transferring it outside the Kingdom, and the risks resulting from not providing it.
2. The right to obtain a clear copy of the personal data stored by the entity.
3. The right to correct and request the modification, updating, or completion of inaccurate or incomplete data.
4. The right to destroy and request the deletion of personal data when it becomes unnecessary for the purpose for which it was collected.
5. The right to withdraw consent to data processing at any time, unless the processing is based on other systemic reasons.

Cases requiring explicit consent for processing personal data

The personal data privacy protection system in the Kingdom of Saudi Arabia includes cases in which written consent from the data subject is required before collecting or processing his data, and the following is a detailed explanation of that:

1. Explicit written consent is required when collecting personal data unless the collection is based on a systematic or contractual basis that necessitates processing.
2. Explicit consent must be obtained when using automated "autonomous" systems in decision-making processes that affect individuals, such as recruitment or credit granting.
3. The processing of sensitive data, such as health, religious, ethnic, or biometric data, is prohibited except with explicit written consent, unless regulations provide for specific exceptions.
4. Personal data may not be used for marketing, e-commerce, advertising or promotional communication purposes without the express consent of the data subject.
5. Sharing personal data with any party other than the party that collected it is prohibited without notifying the data subject and obtaining their prior written consent.
6. Transferring personal data outside of Saudi Arabia requires explicit written consent, unless specific regulatory exceptions are provided for.

Exceptions to the provisions of the Personal Data Protection Law

The Personal Information Protection System in the Kingdom stipulates a set of clear exceptions to which its provisions do not apply, in order to achieve a balance between the individual’s right to privacy and other higher interests of society and the state. These exceptions include the following cases: purely personal use of data, where the individual is not required to comply with the provisions of the law if he uses his data for purely personal or family purposes without any commercial or professional purpose.

The data is processed for the purposes of national security or protecting public interests, to enable the competent authorities to perform their duties in maintaining the security of society and the stability of the state without restrictions that may hinder their work.

In the event of a conflict with other regulations, the most specific provisions shall apply. If other laws, such as health, labor, or crime prevention laws, require the processing of personal data, those laws shall take precedence over the provisions of the Personal Data Privacy Protection Regulation.

Data used for research or statistical purposes, provided it is anonymized to prevent the identification of individuals, aims to advance knowledge while protecting privacy. The use of personal data in the media is permitted to guarantee freedom of expression and the free flow of information, provided it is done within professional and ethical frameworks and without unjustifiable infringement of individual privacy.

In emergencies and crises such as natural disasters or health epidemics, some provisions of the system may be waived to enable the relevant authorities to effectively address the emergency and protect public health, provided that this exception is limited to the specific time period and purpose for which it was intended.

Penalties and violations in the data protection system

It is essential that companies and relevant authorities thoroughly study the Implementing Regulations of the Personal Data Protection System or consult a specialized lawyer to avoid being subject to penalties resulting from committing violations in this regard.

The penalties imposed on violators aim to protect the privacy of individuals and ensure the proper and secure use of their personal data. These penalties include the following:

1. Financial penalties

Violators will be punished with a fine of up to five million Saudi riyals in cases of serious offenses, such as collecting or processing personal data without prior consent, or failing to implement adequate security measures to protect data.

2. Penalties and administrative procedures

The competent authority has the right to impose administrative penalties, which may include issuing official warnings, imposing temporary restrictions on processing activities, or partially or completely suspending the collection or processing of personal data.

3. the prison

Prison sentences are applied for serious or malicious crimes, with the law stipulating a prison term of up to two years in some cases of grave and deliberate violations of personal data.

8 important tips to protect your personal data

In the digital age, protecting your personal data is essential, as information has become a valuable commodity vulnerable to hacking and exploitation. Here are 8 tips to help you:

1. Make your passwords long and complex, including a mix of numbers, symbols, and lowercase and uppercase letters.
2. Activate multi-factor authentication (MFA) to enhance the security of your digital accounts by adding extra layers of protection that require more than just a password to access.
3. Only share your personal data online when absolutely necessary.
4. Beware of clicking on links from untrusted or unknown sources, as they may lead to downloading malware or hacking your devices.
5. Review and adjust the privacy settings on social media platforms and apps to ensure control over the sharing of your personal data.
6. Make sure to update your software, applications, and device operating system regularly to avoid security vulnerabilities that could be exploited for hacking or data loss.
7. Using antivirus software and firewalls helps detect and prevent cyber threats, thus enhancing the protection of your devices and data from intrusions.
8. Encrypt your data to ensure it remains unreadable while being transferred between devices.

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