Data Retention and Destruction Policies | Saudi PDPL

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Table of Contents

Article 1

Article 2

Article 3

Article 4

Article 5

Article 6

Article 7

Article 8

Article 9

Article 10

Article 11

Article 12

Article 13

Article 14

Article 15

Article 16

Article 17

Article 18

Article 19

Article 20

Article 21

Article 22

Article 23

Article 24

Article 25

Article 26

Article 27

Article 28

Article 29

Article 30

Article 31

Article 32

Article 33

Article 34

Article 35

Article 36

Article 37

Article 38

Article 39

Article 40

Article 41

Article 42

Article 43

Article 15

The Controller may not Disclose Personal Data except in the following situations:

  1. Data Subject consents to the Disclosure in accordance with the provisions of the Law.
  2. Personal Data has been collected from a publicly available source.
  3. The entity requesting Disclosure is a Public Entity, and the Collection or Processing of the Personal Data is required for public interest or security purposes, or to implement another law, to fulfill judicial requirements.
  4. The Disclosure is necessary to protect public health, public safety, or to protect the lives or health of specific individuals.
  5. The Disclosure will only involve subsequent Processing in a form that makes it impossible to directly or indirectly identify the Data Subject.
  6. The Disclosure is necessary to achieve legitimate interests of the Controller, without prejudice to the rights and interests of the Data Subject, and provided that no Sensitive Data is to be processed.
    The Regulations shall set out the provisions, controls and procedures related to what is stated in paragraphs (2) to (6) of this Article.

FAQs

The Controller may only share your data under specific conditions: 

  • With your consent: This is the primary basis unless you explicitly agree,  they can’t disclose it.  
  • Public data: If the data is already publicly accessible, it can be shared without additional consent. 
  • Public-interest requests: If a government or judicial authority legally requests it for reasons like national security, law enforcement, or public safety, the Controller must comply. 
  • Protecting public health or safety: Disclosure is allowed when necessary to safeguard lives or address serious health threats. 
  • Legitimate interests: The Controller may share data when necessary for its legitimate business purposes provided the data is not sensitive, your rights aren’t harmed, and they’ve carefully justified the need.

Before disclosing any personal data, the Controller must: 

  • Verify the legal basis: Confirm that consent exists,  the data is public, or that the request is officially required for legal, public-interest, or safety reasons. 
  • Evaluate impact on your rights: Ensure that the disclosure won’t harm your privacy or other fundamental rights. 
  • Anonymize if possible: If disclosure is for legitimate interests, and the data can be anonymized to prevent identification, that step should be taken.  
  • Keep a record: Document the reason, legal justification, date, and recipient of the disclosure to maintain transparency and prove compliance. 

If you suspect improper disclosure: 

  • Ask the Controller for explanation: You’re entitled to ask why they shared your data, under what legal basis, and whether your rights were considered.  
  • File a complaint with SDAIA: If their explanation isn’t satisfactory or you believe the sharing violated the law, you can lodge a formal complaint with the data protection authority. 
  • Seek legal compensation: If the improper disclosure caused you harm—whether emotional or financial—you can pursue legal action and claim compensation under the PDPL.
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