Abstract
This research paper explores Article 15 of the Kingdom of Saudi Arabia’s Personal Data Protection Law (KSA PDPL), focusing on the conditions under which the Controller may disclose personal data. The article outlines specific cases where consent is required, and others where disclosure is permissible without explicit consent. The paper provides an in-depth explanation of each clause, highlights strategic considerations, activation steps, methodologies, and key challenges associated with implementing Article 15. It also discusses dependencies, tools, and technologies that facilitate lawful disclosures and offers practical use cases illustrating the article’s application in both public and private sectors.
Keywords
KSA PDPL; Article 15; Personal Data Disclosure; Data Controller; Public Interest; Data Subject Consent; Public Safety; Data Processing; Legitimate Interest
Introduction
With the growing emphasis on data privacy worldwide, the Kingdom of Saudi Arabia has enacted the Personal Data Protection Law (PDPL) to regulate how personal data is collected, processed, and disclosed. Article 15 of the law is a critical component, detailing the conditions under which the Controller may lawfully disclose personal data. While the fundamental principle is to protect the data subject’s privacy, there are exceptions where disclosure is permissible, especially in matters concerning public interest, security, and health. This paper aims to provide a comprehensive breakdown of Article 15 and guide professionals in lawfully managing data disclosures within the PDPL framework.
Explanation
Article 15 outlines when and how personal data can be disclosed by the Controller. Primarily, the disclosure requires the data subject’s consent. However, exceptions are made in cases where data comes from publicly available sources, or when a public entity requests it for reasons of public interest, security, or judicial requirements. Additionally, disclosure may occur to protect public health or safety, or when the data subject cannot be identified. The regulation also allows disclosure for legitimate interests of the Controller, provided that no sensitive data is involved and that the rights of the data subject are not compromised.
Key Strategic Points
- Consent as a Foundation: The primary condition is that personal data disclosure must be consented to by the data subject, adhering to the legal provisions.
- Public Interest Exceptions: Public entities may request disclosure for reasons of public interest or security, bypassing the need for consent.
- Health and Safety Prioritization: Disclosure is allowed in scenarios where it safeguards public health or the well-being of specific individuals.
- Anonymized Data Processing: Disclosure of personal data is permissible when it ensures that individuals cannot be identified, either directly or indirectly.
- Legitimate Interests: Controllers can disclose personal data to protect their legitimate interests, provided the rights of the data subject are protected and no sensitive data is involved.
General Activation Steps
- Data Subject Consent Verification: Ensure proper consent protocols are in place for disclosures that require the data subject’s approval.
- Public Data Source Validation: Verify if the data comes from a publicly available source before disclosing it.
- Public Entity Requests: For public interest or security, validate the legitimacy of requests from public entities through appropriate legal documentation.
- Health and Safety Protocols: Activate disclosure mechanisms in case of health or safety emergencies, ensuring alignment with public safety policies.
- Anonymization Measures: Implement robust data anonymization techniques to ensure compliance when disclosure is permissible under the condition of non-identifiability.
- Legitimate Interest Assessments: Perform a balanced assessment of legitimate interests versus data subject rights before any data is disclosed.
Methodology
- Regulatory Review: Continuously review the regulatory provisions related to Article 15, including its amendments, to stay compliant.
- Risk-Based Analysis: Conduct a risk assessment before any disclosure to evaluate the impact on the data subject’s rights and interests.
- Consent Management Systems: Develop systems to manage and store consent records in compliance with legal requirements.
- Public Entity Coordination: Establish processes for verifying public entity requests and their alignment with public interest and security requirements.
- Anonymization Frameworks: Implement anonymization tools and frameworks that allow data to be disclosed while preventing the identification of individuals.
Use Cases
- Public Health Emergency: During a pandemic, a public health authority requests the disclosure of personal data from healthcare providers to monitor outbreaks. Disclosure is allowed under Article 15, provided it serves public health and safety without compromising individual rights.
- Judicial Requirement: A law enforcement agency requests personal data for an ongoing investigation related to national security. The Controller complies, ensuring the request aligns with public interest and legal requirements.
- Legitimate Business Interests: A company discloses customer data to analyze purchasing trends for business development, ensuring that the data is anonymized and cannot identify any individual.
Dependencies
- Legal Framework: Article 15’s application depends on adherence to broader laws, including international agreements, KSA regulations, and judicial requirements.
- Data Subject Rights: The rights of data subjects, such as the right to be informed and the right to object, must be balanced against the need for disclosure.
- Anonymization Tools: The effectiveness of anonymization techniques is crucial when disclosing data that cannot directly or indirectly identify the data subject.
- Public Interest Validity: Public entities requesting disclosure must have verifiable and lawful justifications based on public interest or national security concerns.
Tools/Technologies
- Consent Management Platforms: Tools to track and manage data subject consent, ensuring legal compliance during the disclosure process.
- Anonymization and Pseudonymization Tools: Technologies such as differential privacy and encryption to ensure non-identifiability during data disclosure.
- Data Governance Platforms: Platforms that manage disclosure processes and ensure regulatory compliance with the PDPL.
- Audit Logs and Monitoring Tools: To track and monitor all disclosure requests and activities, ensuring transparency and accountability.
Challenges & Risks
- Consent Complexity: Managing and validating data subject consent can become complex, especially in large-scale data systems.
- Public Interest Conflicts: Balancing the data subject’s rights with public interest can lead to ethical and legal conflicts, particularly in ambiguous cases.
- Anonymization Failures: Improper or inadequate anonymization can lead to accidental disclosures, resulting in privacy violations and legal implications.
- Legitimate Interest Interpretation: Determining what constitutes a legitimate interest of the Controller versus the rights of the data subject can be challenging, especially in novel cases.
Conclusion
Article 15 of the KSA PDPL provides a structured and legally compliant framework for the disclosure of personal data by the Controller. While the data subject’s consent remains the cornerstone of lawful disclosure, the law permits exceptions for public interest, safety, and legitimate business interests. Proper application of this article requires Controllers to implement strict data governance policies, use advanced anonymization tools, and balance competing interests while ensuring compliance with both national and international regulations.
References
- KSA PDPL – Kingdom of Saudi Arabia Personal Data Protection Law, Article 15.
- EU GDPR – European Union General Data Protection Regulation.
- Legal frameworks in public interest data processing – Public Health and Safety Considerations.
For Your Further Reading:
- Big Data vs. Traditional Data, Data Warehousing, AI, and Beyond
- Big Data Security, Privacy, and Protection
- Data Strategy vs. Data Platform Strategy
- ABAC – Attribute-Based Access Control
- Consequences of Personal Data Breaches
- KSA PDPL (Personal Data Protection Law) – Initial Framework
- KSA PDPL – Consent Not Mandatory
- KSA PDPL Article 4, Article 5, Article 6, Article 7, Article 8, Article 9, & Article 10
- KSA PDPL Article 11, Article 12, Article 13, & Article 14
- KSA NDMO – Data Catalog and Metadata
- KSA NDMO – Personal Data Protection – Initial Assessment
- KSA NDMO – DG Artifacts Control – Data Management Issue Tracking Register
- KSA NDMO – Personal Data Protection – PDP Plan, & PDP Training, Data Breach Notification
- KSA NDMO – Classification Process, Data Breach Management, & Data Subject Rights
- KSA NDMO – Privacy Notice and Consent Management
- Enterprise Architecture Governance & TOGAF – Components
- Enterprise Architecture & Architecture Framework
- TOGAF – ADM (Architecture Development Method) vs. Enterprise Continuum
- TOGAF – Architecture Content Framework
- TOGAF – ADM Features & Phases
- Data Security Standards
- Data Steward – Stewardship Activities
- Data Modeling – Metrics and Checklist
- How to Measure the Value of Data
- What is Content and Content Management?
