Confidentiality and Privacy in Personal Data Processing:

An Analytical of Islamic Law and Egyptian Law No. 151 of 2020

Ahmad Saeed Ezzat

 

Abstract: The intersection of privacy and data protection has grown increasingly intricate with the rise of digital technologies and economic incentives driving the information trade. This complexity is clearly reflected in the system of personal data protection law, which generally endeavours to navigate the delicate balance between safeguarding privacy rights and addressing the economic implications of data trade. The proliferation of digital communication technologies, the Internet of Things (IOT), and Artificial Intelligence (AI) has significantly enhanced the ability to correlate personal data with individuals, thus challenging the traditional boundaries of privacy and confidentiality. This evolving scenario tests the limits of privacy protection and raises critical concerns about the principle of ‘removing harm (la darar wa la dirar), which is a foundational concept rooted in Islamic jurisprudence. This note explores the principles of confidentiality and privacy as articulated in Islamic law and compares them with the Egyptian Personal Data Protection Law No. 151 of 2020, which is a legislation aiming to regulate the protection of personal data in Egypt. The analysis underscores both the similarities and differences between these legal systems, revealing areas of alignment in their approaches for the legal protection of ‘cybersecurity’ as an integral component of the broader legal protections provided by the Egyptian Constitution.