The Yemeni laws governing collection of personal data
According to the General Data Protection Regulation “The protection of natural persons in relation to the processing of personal data is a fundamental right. Article 8(1) of the Charter of Fundamental Rights of the European Union (the ‘Charter’) and Article 16(1) of the Treaty on the Functioning of the European Union (TFEU) provide that everyone has the right to the protection of personal data concerning him or her”.
In Yemen, this search aims to examine the possibility of finding such law, act, or regulation organizing collection of personal data.
1 – The Constitution of the Republic of Yemen: In Article 42 of the Constitution of the Republic of Yemen, it is outlined that the state guarantees freedom of thought and expression in speech, writing, and photography, although it qualifies this statement saying as long as it is “within the limits of the law.” Also, article 53 of the Constitution outlines the freedom and confidentiality of mail, telephone, telegram, and all other means of communication, none of which may be “censored, searched, exposed, delayed, or confiscated” except in cases “specified by law and according to a court order.”
2- The right of access to information law No. (13) for 2012:
Article 2 of the Law defines “information” and “information system” extremely broadly, to include “all means known now or invented later in the future” for storing
While the aim of the law has explained in article (3): This law aims to:
A. Secure and facilitate the citizen’s right to access information without delay and expand the rules of the exercise of rights and freedoms.
B. Promote the elements of transparency and expand all opportunities for conscious and responsible participation.
C. Enable the community to develop their abilities to take more advantage of the information.
The Law does contain a statement of principles, under Article 3, which includes a strong statement that the Law’s objective is to promote transparency and expand popular participation, as well as to expand public rights and freedoms, notably by securing the right to information. However, the Law fails to create a specific presumption in favor of the openness of all inform agencies of the executive, legislative or judicial branch, as well attached ministries, agencies, institutions or local units. The Law also covers any agency which receives money from the general budget of the State. This type of broad catch all clause is in line with international standards, and it is a positive feature since it removes ambiguity regarding the Law’s applicability, as well as removing the need to continually update the Law as new ministries or agencies are created. In addition, the idea that the right to information applies to any agency which receives public money is in line with a core principle of the right to information, whereby the public has a right to know where and how public resources are expended. In applying the right to information to private organizations, it is acceptable to limit access requests to the receipt, management and expenditure of the portion of their income which comes from the public purse. However, the Law appears to apply a right of access more broadly than that, extending to all information in the hands of any “concerned party”.
3- Criminal Procedures: Law No. [13] For 1994 Concerning the Criminal Procedures:
Article 121 of Criminal Procedures securing the information related to criminal investigation “Without prejudice to the rights of defense, the investigation measures shall be carried out in secret, unless the Law cites otherwise; all those who undertake these measures or take them not to reveal any of their contents. Anyone who violates this will be punished part in accordance with the punishment stipulated in the Penal Law.”
4- Documentation act no 21 for 2002:
In this law, article 28 prohibits any access to documents “ The parties concerned shall maintain the confidentiality of the documents in their possession in accordance with the provisions of this Act and shall take all effective to that end, and shall make note of the documents mentioned in order to prohibit and prevent circulation or access to them, except for those whose nature so requires Special attention shall be given to the preparation of appropriate premises for the preservation of such documents and the selection of personnel and officials thereof. The Regulations shall set out the rules and provisions implementing this article.”
The conclusion:
From the reviewed laws and search on the other laws, it has been found that Yemen doesn’t have a dedicated data protection legislation, protecting or organizing users’ data from both public and private organizations. While the reviewed laws contain restrains rather than ensuring the right of access to information.
