The Automated Means Criterion is a key factor in determining the applicability of the DIFC Data Protection Law (DIFC DPL). This criterion extends the law's scope to personal data processing carried out through automated means.

Text of Relevant Provisions

DIFC DPL Art.6(2)(a):

"(2) This Law applies to the Processing of Personal Data:(a) by automated means; and"

Analysis of Provisions

The DIFC DPL explicitly includes the Automated Means Criterion as a factor for determining its applicability. Article 6(2)(a) clearly states that the law applies to the processing of personal data "by automated means". This provision is concise and straightforward, leaving little room for ambiguity.

The inclusion of this criterion reflects the law's recognition of the prevalent use of technology in data processing activities. By specifying "automated means," the law ensures its relevance in the digital age, where a significant portion of data processing occurs through electronic systems, databases, and other technological tools.

It's important to note that the provision uses the term "automated means" without further qualification or limitation. This broad phrasing suggests that the law intends to cover a wide range of automated processing methods, potentially including but not limited to:

• Computer-based data processing
• Digital storage and retrieval systems
• Algorithmic analysis of personal data
• Automated decision-making processes

Implications

The inclusion of the Automated Means Criterion in the DIFC DPL has several important implications for businesses and organizations operating within the DIFC:

1. Broad Coverage: Almost all modern data processing activities are likely to fall under the law's scope, as most businesses utilize some form of automated means for handling personal data.
2. Technological Neutrality: The law's applicability is not tied to specific technologies, allowing it to remain relevant as new automated processing methods emerge.
3. Compliance Requirements: Organizations must ensure that all their automated data processing activities comply with the DIFC DPL, including implementing appropriate security measures and respecting data subject rights.
4. Manual Processing: While the law clearly applies to automated processing, organizations should be aware that manual processing of personal data may also be covered under other provisions of the law.
5. Data Protection Impact Assessments: Companies may need to conduct assessments for high-risk automated processing activities to ensure compliance with the law.
6. Automated Decision-Making: Special attention may be required for processes involving automated decision-making or profiling, as these often involve sophisticated automated means of processing personal data.