Latest update on Saudi Data & Artificial Intelligence Authority (SDAIA) Regulations
On July 10th, 2024, the SDAIA published draft rules for appointing a Personal Data Protection Officer, inviting public feedback. These new data protection regulations have led many organisations to question whether they need to appoint a Data Protection Officer (DPO). The rules aim to improve personal data protection and ensure compliance with the Personal Data Protection Law (PDPL) and its Implementing Regulations.
Does your organisation need a DPO under the new SDAIA regulations?
With Saudi Arabia’s new data protection regulations from SDAIA, many organisations are questioning if they need to appoint a Data Protection Officer (DPO). These rules aim to enhance personal data protection, ensuring compliance with the Personal Data Protection Law and its Implementing Regulations. But how do you know if your organisation needs a DPO? Let’s go ahead and break it down in a way that makes sense for your business.
Does Your Organisation Fall into These Categories?
1. Public Entities
If you’re a public entity, you need a DPO. Public sector organisations handle personal data daily. This makes the role of a DPO crucial to ensure compliance with the new standards.
2. Handling Large Volumes of Data
For private companies, size does matter—especially in data processing. If your business regularly deals with large volumes of personal data of big corporations, hospitals, or banks, you must appoint a DPO. The more data you handle, the greater the risk and the need for oversight.
3. Sensitive Data Processing
Does your company process sensitive data? This includes health records, genetic data, biometric information, or data that reveals racial or ethnic origin, political opinions, religious beliefs, or trade union membership. If so, appointing a DPO is mandatory. Sensitive data processing poses higher risks, necessitating extra precautions and dedicated oversight.
4. Regular Monitoring of Individuals
If your business involves regular and systematic monitoring of individuals, you need a DPO. This could be tracking online behaviour for targeted advertising, large-scale CCTV surveillance, or similar activities. Regular monitoring can significantly impact individuals’ privacy, making a DPO crucial for compliance and risk management.
5. High Risk, High Priority
Even if your organisation doesn’t fit neatly into the above categories, you might still need a DPO if your data processing activities pose a high risk to individuals’ rights and freedoms. Consider the potential impact of a data breach: the more sensitive or extensive the data, the higher the risk, and the more critical it is to have a DPO.
A Regular Review is Key to SDAIA Regulations Compliance
Please don’t set it and forget it. Your organisation should regularly review its data processing activities. Changes in data volume, the nature of the data, or new technologies could suddenly make a DPO necessary. Keeping a close eye on these factors ensures you stay compliant and prepared.
Aligning SDAIA regulations requirements with your organisation
Think of the DPO as a crucial player on your team, ensuring that your organisation complies with SDAIA regulations and builds a robust framework for data protection overall. Appointing a DPO is an additional task. But it’s an investment in your organisation’s credibility and your stakeholders’ data security.
TenIntelligence Thoughts
In summary, you likely need a DPO if your organisation processes large amounts of data, handles sensitive information, regularly monitors individuals, or operates within the public sector. You can periodically review your data practices and be proactive about compliance. Appointing a DPO isn’t just about meeting legal requirements; it’s about protecting your organisation’s reputation and the trust of those whose data you handle.
By understanding these requirements and assessing your organisation’s data processing activities, you can fully comply with Saudi Arabia’s data protection laws, safeguarding both your business and the data it handles.
Written by
Lynsey Hanson | Data Protection Officer