E-Transaction Law in Lebanon: A Critical Analysis of Personal Data Protection

Introduction

The E-transaction law in Lebanon has been hailed as a significant step towards regulating the digital landscape in the country. However, a closer examination reveals several critical issues with the law that compromise personal data protection. In this analysis, we will highlight the key problems with the law and demonstrate how it falls short of protecting individuals’ rights.

Issues with the E-transaction Law

Lack of Clarity and Vagueness

• The law does not clearly define what constitutes “personal data” or how it should be protected.
• Some articles are too vague, making it difficult to understand the rights and obligations of individuals and organizations.

Inadequate Enforcement Mechanisms

• There are no clear penalties for non-compliance, making it easy for entities to ignore their data protection responsibilities.
• The lack of enforcement mechanisms allows companies and organizations to operate with impunity, putting individuals’ personal data at risk.

Overreliance on the Ministry of Economics and Trade

• The law places too much responsibility on a single ministry, which may not have the necessary resources or expertise to effectively enforce data protection regulations.
• This reliance on a single entity can lead to inefficiencies and a lack of effective oversight.

Inadequate Protection against Automated Decision-Making

• The law does not provide sufficient protection against automated decisions that can produce legal or administrative effects.
• This lack of protection leaves individuals vulnerable to bias and discrimination in automated decision-making processes.

Examples of Failed Data Protection

Phone Call and Mobile Number Encryption

• While phone calls and mobile numbers are encrypted, there is an exception for situations where it’s necessary to break through this data to investigate a crime that harms the public interest or national security.
• This exception undermines the effectiveness of encryption and puts individuals’ personal data at risk.

Facebook’s Automated Algorithm

• Facebook’s algorithm can collect and scan data from people’s posts, potentially exposing individuals to serious harm without their knowledge or consent.
• The lack of transparency and accountability in Facebook’s data collection practices raises serious concerns about individual rights and freedoms.

Conclusion

The E-transaction law in Lebanon has failed to properly address personal data protection issues, leaving citizens vulnerable to privacy invasions and exploitation by companies and organizations. The lack of clear regulations, enforcement mechanisms, and effective oversight means that individuals have limited control over their personal data, which can be used for various purposes without their consent.

Recommendations

To address the shortcomings of the E-transaction law, we recommend:

1. Revising the law to provide clear definitions and guidelines on what constitutes “personal data” and how it should be protected.
2. Implementing effective enforcement mechanisms, including clear penalties for non-compliance, to ensure companies and organizations take their data protection responsibilities seriously.
3. Distributing responsibility among multiple entities, such as the Ministry of Economics and Trade, the Data Protection Authority, and other relevant bodies, to ensure effective oversight and regulation.
4. Providing adequate protection against automated decision-making by establishing clear guidelines and regulations on the use of AI and machine learning in decision-making processes.

By taking these steps, Lebanon can create a more comprehensive and robust approach to personal data protection, one that prioritizes individual rights and freedoms and provides adequate safeguards against privacy invasions.