Negligence and Data Protection in Saudi Arabia: A comparative doctrinal analysis of the GDPR, CCPA, and PDPL with a Sharia-Based Legal Framework

Abstract

Personal data has become a source of debate recently. Organizations can use these data to be innovative and efficient in accessing individuals. However, the handling of these data varied among organizations making the usage turned from technical error to moral failure.  This paper review and compares the legal systems in the European union (General Data Protection Regulation (GDPL), American law (California’s consumer privacy act (CCPA), and Saudi Arabia’s personal data protection law (PDPL). These laws deals with negligence. The methodology of this study is a qualitative, doctrinal method and the study utilizes the Tort Theory, Accountability Theory, and Shariah Jurisprudence (Fiqh Al-Muamalt) to investigate how laws and ethics works to protect personal data. The findings showed that GDPR and CCPA have pushed negligence far beyond its traditional role in tort theory going beyond compensating for harm to the constant vigilance. On the other hand, in Saudi Arabia, the framework is still being developed and lacks independent system of enforcement. However, the Shariah principles have addressed these the issues of negligence by act such as trust, responsibility and prevention of harm. This makes that protecting data in Saudi Arabia not legal issue alone but ethical and moral expectation.