Introduction
Before understanding the importance of the consumer privacy in today’s scenario, one must know the meaning of this both two terms. There has been rapid changes & development in the technology and their implications. Consumer privacy refers to the protection of the personal data and protection of any kind of communication between people through a post, telegraph, verbal or any other means of the communication. However, this is mentioned in the laws of every country that the privacy of the communication is the fundamental rights of the consumer. Let us understand the laws on the consumer privacy in UAE.
Right to Privacy
Analyst of the UAE on Consumer Secrecy mentioned that the right to privacy preserves in the Constitution of United Arab Emirates and this leads to analyzing data protection issues. However, Article 31 says: “Freedom of communication by post, telegraph or other means of communication and the secrecy thereof shall be guaranteed in accordance with law.’ As per article 31 the protection of data in the digital era is not mentioned in the constitution of the UAE, privacy is mentioned only in relation to post and communicate.
Certainly, around Gulf Region they mentioned that the constitution of the UAE law includes fundamental rights to privacy is ornamentation as it just mentioned about the post and communication, privacy is an important concern in relation to doing business in the Middle East.
Telecom Sector – Middle East
In Telecom context the issues are more than hacking and cybercrime the regulations in every region generally focus on the protection of telecom licensees then personal data. Let us understand how different region includes the laws and regulation of the Telecom sector and its privacy on the data.
UAE: Article 12 of the UAE Telecommunications Regulatory Authority’s Consumer Protection Regulations includes provisions on the subscriber’s details. The Licensee is obliged to take cautious steps to prevent secrecy of the subscriber’s information and their disclosures. They should take all the steps against risks, destruction, leakage, inappropriate use, modification, or unauthorized use. They must limit the information shall not be used in unauthorized way which includes violation of the regulations of the law. However, they must note that the information can be available to the third party or any affiliates who are involved in the provision of the telecommunications services ordered by the subscribers. Whereas it is necessary to provide the details to the third party it is necessary to take all the reasonable steps to protect the information and it should be used only for the purpose for which it is shared and for the marketing.
QATAR: Article 52 of the Qatar Telecommunications Law mentions (and articles 91 and 92 of the associated by law) mention that consumers have right to have their information corrected or removed from the data if it is not as mentioned by the consumer or shared with the service provider. Service providers obliged to use the information shared by the consumer in authorized manner they must use the information or published the information other than mentioned by the consumer.
OMAN: Regulation no. 113 of 2009 issuing Regulations on Protection of the Confidentiality and Privacy of Beneficiary Data mentioned that the Service provider must notify to consumer when the data is used for any unauthorized purpose and which might can affect their reputation as well as they cannot send the information abroad for the subscribed telecommunication services without approval of the Oman Telecommunications Regulatory Authority.
BAHRAIN: The privacy and confidentiality section of the Bahrain TRA’s consumer protection guidelines mentioned general restriction on the service provider by calling information and general notes to protect the personal information of the consumers. Consumers are protected from the illegal use of the information any unauthorized and unsolicited use of the information. Service providers are obliged to use the information provided by the consumers to provide telecommunication services.
SAUDI ARABIA: Article 3(8) of KSA Telecoms Law mention that Service providers are obliged to maintain the public the interest and protect interest of the public and maintain confidentiality of the communication and information.
KUWAIT: Kuwait is still in the process of establishing the Telecom Law.
Conclusion
As Per various studies and GCC e – commerce market Consumer Privacy should be mentioned as a fundamental right in the Telecom law because consumer trust issues can be highly avoided if the data on the consumers and their information can be protected.
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