Egypt: Statutory Requirement Processing Exception under the Data Protection Law

The Statutory Requirement Processing Exception in Egypt’s Data Protection Law exempts the processing of personal data carried out to comply with legal obligations or statutory requirements from the general application of the data protection law. This exemption ensures that data processing necessary for fulfilling legal duties, such as the collection of official statistics, is not hindered by the broader data protection regulations.

Text of Relevant Provisions

DPL Art.3(2):

"The provisions of the annexed law shall not apply to the following:Personal data which is processed for the purpose of obtaining official statistical data, or in application of a legal provision."

Original (Language):

"لا تسري أحكام القانون المرافق على الآتي:البيانات الشخصية التي تتم معالجتها بغرض الحصول على بيانات إحصائية رسمية، أو تطبيقا لحكم قانوني."

Analysis of Provisions

• Statutory Requirement Processing Exception: Article 3(2) of Egypt’s Data Protection Law explicitly excludes the application of the law to the processing of personal data when it is done for the purpose of obtaining official statistical data or to comply with a legal requirement. This means that activities such as data collection by government agencies for census or other official statistics are exempt from the requirements of the data protection law.
• Legal Framework and Rationale: The rationale for this exemption is to facilitate the functioning of governmental and public bodies in fulfilling their statutory duties without the additional burden of complying with data protection regulations. By exempting such activities, the law recognizes the necessity of processing personal data in these contexts as a fundamental aspect of public administration and governance.
• Scope and Interpretation: This provision applies specifically to data processing activities that are directly connected to the fulfillment of legal obligations or the gathering of official statistics. It does not apply to data processing carried out for other purposes, which would still need to comply with the broader data protection framework established by the law.

Implications

• For Businesses: Companies and organizations involved in activities that require the processing of personal data for official statistics or in compliance with legal mandates should be aware that these activities are exempt from the general data protection obligations under Egyptian law. However, they must ensure that the data processing is strictly within the scope of these exemptions and does not extend to other areas that would require compliance with the full data protection law.
• Compliance Considerations: While the exemption provides some relief from data protection obligations, organizations must still adhere to any specific regulations or guidelines related to the processing of personal data for statutory purposes. Additionally, organizations should be vigilant in distinguishing between data processing activities that fall within the exemption and those that do not, to avoid any unintentional breaches of data protection laws.