The Personal and Domestic Use Exemption is explicitly used in Saudi Arabia's Personal Data Protection Law (PDPL) to limit the scope of the law's applicability. This exemption excludes certain personal data processing activities from the law's purview when they are conducted for personal or family purposes.

Text of Relevant Provision

KSA PDPL Article 2(2):

"The scope of applying the Law excludes the individual's Personal Data Processing for purposes that do not go beyond personal or family use, as long as the Data Subject did not publish or disclose it to others. The Regulations shall define personal and family use provided in this Paragraph."

Original language: ""

Analysis of Provision

The Personal and Domestic Use Exemption in Saudi Arabia's PDPL is defined in Article 2(2), which states that the law does not apply to "Personal Data Processing for purposes that do not go beyond personal or family use". This exemption is conditional, as it only applies "as long as the Data Subject did not publish or disclose it to others".

The provision can be broken down into three key elements:

1. Personal Data Processing: The exemption applies to the processing of personal data, which is the core subject of the PDPL.
2. Personal or family use: The processing must be for purposes that are limited to personal or family use. This suggests that the processing should not have any commercial, professional, or public purpose.
3. Non-disclosure condition: The exemption is only valid if the data subject has not published or disclosed the data to others. This condition emphasizes the private nature of the exempted processing activities.

The rationale behind this exemption is to balance the need for data protection with the practical realities of everyday life. Lawmakers recognize that individuals process personal data in their private lives without the need for the same level of regulatory oversight applied to businesses or organizations.

It's important to note that the provision states, "The Regulations shall define personal and family use provided in this Paragraph". This indicates that further clarification on what constitutes personal and family use will be provided in separate regulations, which may offer more specific guidance on the exemption's application.

Implications

The Personal and Domestic Use Exemption has several implications for individuals and businesses:

1. Individual activities: Common personal activities like maintaining a personal address book, sharing family photos on private social media accounts, or using personal messaging apps are likely to fall under this exemption.
2. Boundary cases: There may be situations where it's unclear whether an activity qualifies for the exemption. For example:
   • A personal blog that gains a large following
   • A home security camera that captures images of passersby
   • Use of smart home devices that collect and process personal data
3. Business considerations: Companies developing products or services for personal use should be aware that their customers' use of these products might be exempt from the PDPL. However, the companies themselves would still be subject to the law in their processing of user data.
4. Social media and online platforms: While individuals' personal use of these platforms might be exempt, the platforms themselves would be subject to the PDPL in their processing of user data.
5. Data disclosure: Individuals should be cautious about publishing or disclosing personal data, as this could potentially negate the exemption and bring their processing activities under the scope of the PDPL.