EGYPT Law and Practice Contributed by: Ibrahim Shehata, Tasneem El-Naggar and Safa Rabea, Shehata & Partners
1. Legal and Regulatory Framework 1.1 Overview of Data and Privacy- Related Laws A Framework for Safeguarding Personal Information Data privacy has emerged as a paramount con - cern for both individuals and businesses glob - ally. Recognising the critical importance of safe - guarding personal information, especially in the emergence of the digital age, Egypt has estab - lished a comprehensive data protection frame - work to address the growing challenges posed by the increasing digitisation of society and the heightened risk of cyber threats. In light of the above, Egypt issued Personal Data Protection Law No 151/2020 (PDPL) in 2020, which encompasses the protection of individu - als’ and entities’ data and privacy rights. The PDPL generally prohibits the processing of personal data without the explicit consent of data subjects, and grants them multiple rights in restricting access to their data, withdrawing their prior consent and being informed of any data violation. Under the PDPL, any digitally collected and/or processed data must meet the following condi - tions: • personal data will be collected for the legiti - mate, specific and declared purposes of the person concerned; • collected data must be true, sound and secure; • collected data must be processed in a man - ner that is lawful and appropriate to the pur - poses for which it was compiled; and
• collected data must not be kept for longer than the period necessary to fulfil the purpose specified for it. Constitutional and Legislative Foundations Generally, the right to privacy is at the heart of the freedom rights established under the Egyp - tian constitution; the 2014 Egyptian Constitution provides for the protection of individual privacy. The key rights include the following. • Inviolability of private life: Article 57 of the Constitution states that “Private life is invio- lable, safeguarded and may not be infringed upon”. This broad provision protects a wide range of personal interests, including: (a) protection from unlawful searches, sei - zures and other forms of bodily harm; (b) protection from unlawful entry, search and seizure; (c) protection of letters, emails, phone calls and other forms of communication; (d) protection from interference with family relationships; and (e) protection from the unauthorised collec - tion, use and disclosure of personal data. • Protection of communications: Article 57 of the Constitution specifically states that “Tel - egraph, postal, and electronic correspond - ence, telephone calls, and other forms of communication are inviolable…”. This provi - sion further emphasises the fundamental right for all kinds of communication channels to be protected. The Telecommunications Law In addition, several laws recognise the right to privacy, such as the Telecommunications Law No 10/2003. Sensitive and emerging technolo - gies, such as AI and IoT, are advanced tech - nologies that include multi-layered interactions and services that require the collection of enor -
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