The Jurisprudential Foundation of the Saudi Personal Data Protection System

Abstract

This study aims to elucidate the importance of personal data protection, the jurisprudential rules governing the personal data protection system, how Saudi Arabia confronts personal data infringement through the penalties laid down by the system, and the sharʿī foundation for this. The problem of the research lies in revealing the jurisprudential foundation of the Saudi personal data protection system, especially since Saudi legal systems are based on Sharīʿah. The inductive method and the descriptive analytical method were used to describe, analyze and establish the jurisprudential foundation of the Saudi personal data protection system. The study tackled the most important terms related to the topic, the sharʿī evidences and intentions of the Saudi personal data protection system, and the application of jurisprudential rules, as well as ḥudūd (=confines) and taʿzīr (=slandering) rulings. The major study findings are that this system’s provisions pivot on a group of major sharʿī intentions and jurisprudential rules, including: the rule of "the leaders’ dominance of their subjects is conditioned by the latter’s interest", the rule of "repelling evils takes precedence over attaining benefits", the rule of "public interest takes priority over private interest", the rule of precaution, etc. Among the jurisprudential rulings from which the system emerged are the obligation of respecting personal privacy and the prohibition of spying. The penalties for disclosing personal data in the Saudi system revolve around imprisonment, fines, disciplinary interrogation, the confiscation of illegal assets, compensation for damage, and multiplying the penalty for repeated infringement, all of which are slandering punishments with foundations in Sharīʿah.