The ESCWA Cyber Legislation Digest
1.
The general conditions required for the legal processing of personal electronic
records. This addresses issues related to the definition of what constitutes a personal
record and the principles that allow for its processing. Also addressed are the
responsibilities of those parties who are processing such records and the rights of the
person whose data is being processed, in order to know what is being processed and
how.
2.
The setup of suitable control agencies whose main concerns are the protection of
electronic personal records. Such agencies will be responsible for the protection of
all such records as well as the control of the processing of such records and the
authorization for their processing. Such agencies will also have the authority to issue
penalties in case of transgressions or improper access as well as blocking access to
specific records or halting their processing.
3.
Judicial recourses, responsibilities and sanctions. This covers the rights of the owners
of personal data to refer to special courts regarding the processing of such personal
records. Also addressed are issues related to compensation in the case of
transgressions and the cases where such transgressions are allowed by law.
4.
The transfer of personal data to countries outside the Arab region. Issues such as the
responsibilities of the parties conducting such transfers are addressed as well as the
various assurances of such parties to the owners of the safety and security of their
records as part of the individual’s rights.
5.
Codes of conduct covering articles required to regularize rules that can be used to
control the protection of personal records.
This directive identifies seven chapters as follows:
Chapter 1:
Chapter 2:
Chapter 3:
Chapter 4:
Chapter 5:
Chapter 6:
Chapter 7:
General Provisions
The Official Control Agency
General Conditions for the Processing of Personal Data
Judicial Recourses, Responsibilities and Sanctions
The Transfer of Personal Data to Countries outside the Arab Region
Code of Conduct
Final Provisions
Their related sections and articles are listed in Appendix A.
Directive 5: Cybercrime
With the exponential increase in the penetration of laptops, mobiles and easily accessible
networks, a paradigm shift resulted in the generation of a new form of crime, aptly called
cybercrime. Gone is the need for criminal equipment and instruments. Any individual with
sufficient competence can be party to a wide range of crime categories using ICT facilities.
The nature of crimes can also be moral, financial, vandalistic and based on blackmail. The
range of crimes is complex and vast making it resistant to counter development using ICT
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