DIGITAL OMAN
DIGITAL Oman will look at the privacy legislation scenario within the region this week. Be it e-government or e-business, consumers of products and or services requires privacy protection. It is essential for such government bodies and business entities to create adequate awareness amongst their customers about the importance of privacy and facilitate the protection of their privacy when using electronic channels.
Entities involved in handling personal data must disclose the method(s) used to collect these data and they shall be used. They must be ensured of using sufficient protection methods to safeguard personal data from illicit access and resulting misuse.
Individuals must have access to their personal data and should also be able to make corrections when inaccuracies are found. They also must be able to direct whether the data can be available for public access or can be shared with other business partners.
It is useful to recollect from the earlier episodes of Digital Oman that a comprehensive set of principles are covered under the Organization for Economic Cooperation and Development (OECD www.oecd.org) guidelines. These guidelines govern the Protection of Privacy and Transborder Flow of Personal Data under a declaration to protect privacy on global networks.
The right to privacy is recognized in most legal systems of the region. Recent developments in information processing and communication technologies are technically challenging privacy protection legislations.
Beginning this week let us look at some of the regional positions in privacy protection legislations. Speaking in general most countries have or in the process of having a comprehensive e-legislation framework. This has been derived by amending some of the existing laws and introduction of new laws incorporating validity of certain electronic technologies.
The E-Commerce law of Saudi Arabia addresses privacy protection explicitly. It sets out the rights of the data subject (one who's personal data is acquired for provision of service) such as access to his/her personal information and control over rectification of errors in them including the right to object and appeal.
The law also provides for judicial remedies for privacy violation.
In the case of Kuwait, Bahrain, Qatar and Oman, the central bank or other apex monetary agency protects the privacy of customers within the financial sector through its laws and regulations. Employers are legally supported to protect their business secrets, acquired by their employees in the due course of employment as dictated mostly through labor laws.
In the health sector patients' personal data are ensured for privacy protection and this becomes mandatory for all professionals creating or handling patient's health records.
Data privacy is a critical aspect of electronic commerce or e-governance. Legislations to this effect must be based on international guidelines and strengthen the consumer protection in a digital society. Such legislations must be technology neutral and apply to all transactions and communications taking place through both existing and emerging electronic media. Compliance to laws and sanction of judicial remedies for violation must be overseen by an authority established for supervising the personal data processing activities within its jurisdiction.
This week the Ministry of Commerce and Industry is conducting a conference in association with the World Intellectual Property Organization (www.wipo.org) here in Oman. Digital Oman will start its e-legislation track from next week in order to inform the readers about the challenges faced by legislations worldwide due to modern technologies in information handling and communication.
By Sangeetha Sridhar
© Oman Daily Observer 2006
