The Saudi Arabian Personal Data Protection Law (KSA PDPL) extends its applicability to include personal data of deceased individuals under certain conditions, specifically when such data could lead to the identification of the deceased person or their family members.

Text of Relevant Provision

KSA PDPL Article 2(1):

"1-The Law applies to any Processing of Personal Data related to individuals that takes place in the Kingdom by any means, including the Processing of Personal Data related to individuals residing in the Kingdom by any means from any party outside the Kingdom. This includes the data of the deceased if it would lead to them or a member of their family being identified specifically."

Analysis of Provision

The KSA PDPL explicitly addresses the applicability of the law to deceased individuals' personal data. The key phrase "This includes the data of the deceased if it would lead to them or a member of their family being identified specifically" indicates that the law's protection extends beyond living individuals.

This provision is significant because it recognizes that personal data can remain sensitive and potentially harmful even after an individual's death. The law applies to deceased individuals' data under two conditions:

1. The data could lead to the identification of the deceased person themselves.
2. The data could lead to the identification of a member of the deceased person's family.

This approach acknowledges the interconnected nature of personal information within families and the potential for data about deceased individuals to impact living family members.

Implications

The inclusion of deceased individuals' data in the KSA PDPL has several important implications for businesses and data processors:

1. Extended data protection obligations: Companies must continue to protect and handle the personal data of deceased individuals in compliance with the law, potentially for an indefinite period after the individual's death.
2. Consent and rights management: Organizations may need to establish processes for managing consent and data subject rights related to deceased individuals' data, possibly involving family members or legal representatives.
3. Data retention policies: Businesses may need to review and adjust their data retention policies to account for the continued protection of deceased individuals' data.
4. Identification challenges: Companies will need to implement mechanisms to identify when processed data could lead to the identification of deceased individuals or their family members.
5. Cross-border data transfers: When transferring data internationally, organizations must consider the protection of deceased individuals' data as part of their compliance efforts.
6. Data minimization: Businesses may need to reassess their data collection and processing practices to ensure they are not unnecessarily collecting or retaining data that could identify deceased individuals or their family members.

This provision in the KSA PDPL aligns with a growing trend in data protection laws to recognize the enduring value and sensitivity of personal data beyond an individual's lifetime, reflecting the need for comprehensive data protection in an increasingly digital world.