Protection of Personal Data in European Law
Essalhin Mohamed Alaish
Associate Professor of Civil Law
College of Law, Qatar University
Abstract:
This research paper discusses one of the important topics of our time, which is the protection of personal data through the digital space, as this topic still occupies the attention of different countries that try every time to develop new legislation or amend existing legislation to ensure appropriate protection for users of digital platforms.
In this context, the European Parliament and Council issued, on April 27, 2016, the General Regulation on the Protection of Personal Data (RGPD), with the aim of establishing a unified and coordinated legislative framework for the protection of personal data, taking into account recent technological developments (big data, the Internet of Things, artificial intelligence… etc.), and the challenges that accompany these developments. As well as placing the European citizen at the heart of the legal process and strengthening his rights in the digital space (such as his right to be forgotten, or to have his personal data erased).
The paper deals with a descriptive and analytical presentation of the legal framework for the protection of personal data in European law in the period preceding the issuance of the General Data Protection Regulation, as this presentation shows the continuing European desire to obtain a strong and strict legal system for the protection of personal data. The research also addresses the most important main features included in the General Data Protection Regulation, especially the principle of honesty and the principle of accountability in the processing of personal data.
In this study, we concluded that European laws are among the most stringent in the field of personal data protection, and that regional cooperation in this field, which has characterized the European experience, is one of the most important lessons learned. Therefore, we have proposed some recommendations to the Arab legislator, the most important of which is working to review and develop personal data protection laws in Arab countries, and why not work on drafting a unified Arab law that guarantees appropriate legal protection for the processing of personal data in the Arab region.
Keywords: Big data, privacy, the right to be forgotten, honesty, and accountability.