Data and Privacy in the Middle East: A look at privacy and its impacts in the UAE. 

Introduction 

In an ever-evolving world, technology becomes the core of our daily routine (Stoltman & Fors, 2004). Our lives are lived both physically and virtually. A certain part of ourselves lives in our technology, a side to us that seldom shows in the physical world. From the break of dawn as our cellphones crackle with the sound of our ringtones, we start our day embedded in our technological landscape. Our tech has become an extension of ourselves. Our mobile phones are an extension of our body, they are like an external limb (HuffPost, 2017). Our lives are integrated within the technological world. 

As we immerse ourselves in the world of technology, we create an online persona for ourselves. Social media being a key aspect of our virtual selves, each day we are adding to our persona and personality over these social platforms. For many it allows for an escape from the real world and opens up a whole new universe that allows us to be something new, something different. People delve into ideas and notions that they would be too shy to address if it were not for anonymity (Himma & Tavani, 2008). 

But is it really anonymous? What we discuss online, what personality we create, what we search on google, our browser history, our family pictures, our text messages with our friends, the times we’ve opened up to our close friends, or had an argument with another, our best moments and our worst, what if they are not actually private. What if the corporations and governments that dictate our daily life, which control these social platforms which engage us for hours at end, what if they know and see all we do? Would you continue to be able to be yourself while enduring this lack of privacy? 

This paper dives into issues surrounding personal privacy in a digital world with a focus on the UAE. We will focus on creating an understanding of how data and privacy is blatantly ignored in my home country. However, we will look at this from a critical point of view. This blatant lack of privacy is beneficial in any way, and if so, does it overcome the invasion of privacy, something that we intrinsically value. 

The Global Standard

To understand the lack of data protection or privacy within the UAE, first we must create a bottom line, a standard that is generally followed within the EU and other parts of the globe in terms of data privacy. This is done through different regulatory instruments such as statutes, recommendations, guidelines etc. (Bygrave, 2010). The EU has created a standard for protection of the user’s data through implementation of new regulations and laws (Dorraji & Barcys, 2014). This means that an average user’s data will not be shared publicly with 3rd parties or the government for external use (Bygrave, 2010). 

Data protection, or more commonly viewed as privacy or data privacy outside of the EU (Bygrave, 2010), is a strong point of contention in the modern-day world. As more and more awareness is raised, and society becomes informed on what their data can be used for and what it is being used for, the need for data protection grows exponentially. Many major corporations have had to make significant changes to ensure the data protection of its users. This has come from new laws and regulations that have been implemented over the course of this decade within the EU (Dorraji & Barcys, 2014).

This need for data protection has become more and more important as we move into a more cloud-based world. Each and every day we store ample amounts of data on online clouds (Edwards, 2016), relying on multiple companies such as Apple, google or other organizations that have created online data storage clouds. We place our trust and our faith, without actually ever reading through the terms and conditions, on these organizations to ensure that our data and our personal lives are not being used for unethical purposes. But more often than not, they leave us surprised. 

Data privacy is an evolving sector. Because of the recent expansion of data storage and an ever-growing online presence where our information is stored not across a singular unit, but across countless data structures, the need for privacy has also grown and expanded. The governmental entities have had to be involved, new laws and regulations to be created and a framework and guideline in which such organizations that possess our data, are bound to operate within (Edwards, 2016). 

The United Arab Emirates

The United Arab Emirates (UAE) is a relatively young country. With its origins dating back to as late as 1971, the country was founded less than 60 years ago. It’s a federal monarchy with a state system where each governing state has its own ruler and its own laws under the umbrella of the federal laws that are set by the country as a whole (Abed & Hellyer, 2001). The country is a small but oil rich country being ruled by the same family that founded the country back in 1971. The United Arab Emirates is a peak example of a country that has had exponential growth in a short period of time. It has become one of the most premiere locations across the globe for people to travel to, and all of that is attributed to the growth plans and perspectives implemented by the ruling family (Nahyan Family). 

However, to achieve such exponential growth, enough to be at the forefront of travel destinations globally, was only possible through swift and decisive decision making with a key focus on economic growth. This has led to a lack of infrastructure when it comes to social laws and social support for people that are not natives of the region. Data and privacy are often ignored, and what can be accessed is highly influenced by the government (Freedom House, 2020). The internet is patrolled, and thousands of websites are blocked and not open for the local public to view. There is stern control on media and a constant monitoring of social platforms that prohibits certain types of posts and activities that may be detrimental for the country and for the rulers of the country. 

This in turn creates a societal structure where the ruling party, the monarchy in the case of UAE, has total control and access to the personal and private information that is stored on clouds and servers for the different platforms. Any entity that is part of an investigation that is being conducted by the law enforcement authorities does not have the power to limit the scope of the investigation. The police have the power to collect all the information they need. The local protection laws allow the prosecutor (the government) to be able to demand any data or information that may be deemed necessary for the case at hand (Morgan et al., 2021). These kinds of laws allow unconditional access to the ruling parties in the country. Any case or any inquiry into a given person allows the local law enforcement to be able to access the entirety of their data. 

This is also quite evident through a quick view of the country’s service provision of the internet and social media. The internet is monitored. What you can and cannot access is controlled by the Internet Service Providers. That being said, there is a monetization of I(ISP) (Freedom House, 2020). This singular ISP that is owned by the government and its entities, also owns the majority shares in any other ISP that is present in the country. This governmental intervention in what is more often than not a private company in western society, allows for easy access to personal information such as search history, visited websites, etc. (Freedom House, 2020).

There is continuous monitoring of websites and other forms of data transfer that are blocked. In 2010, post the assassination of one of the Hamas leaders in Dubai, BBM (Blackberry messenger) was banned in the country. During that time, BBM was the heart of conversation in society and could be seen in the hands of everyone, ranging from school children to business professionals (Wray, 2010). This came as quite a shock to society, and really led to an understanding of how much control the state has over what can and cannot be allowed based on data sharing policy. BBM refused to share their encrypted messages, and they were forced to leave the market.

Another such example is the ban of VoIP software as a whole. WhatsApp calling, Facebook calling, Instagram calls, Apple Facetime and etc. are all banned in the country. This is particularly because the encryptions that these VoIP software use limit the capability of the state to monitor and track the said calls. This has been a norm for the region with bans on Skype, TeamSpeak, Discord and any other VoIP software. In turn, the government does provide alternate software such as BOTIM which can be availed through a subscription program from ISP. That being said, in late 2019 one such app (ToTok) was reported to be a spy app recording all conversations and messages from the users (Freedom House, 2020).

Creating a Safe Society

According to the Global peace index, the UAE is one of the safest places to live in the world. They have societal safety and security score of 1.71 which ranks them number 25# on the global scale in terms of having a secure and safe society (Safest countries in the world 2023, 2023). This is a measure of harmony in the country, which is quite clear and relatable when you have lived here for a while. The country is extremely safe and void of major crimes as part of our daily lifestyle. People are able to roam late at night and walk around without fear of being looted or hurt. One of the main aspects of this is the fact that the country is highly monitored, and crime rarely ever goes unpunished.

The majority of this is possible through the influence the government has over the data and information that the residents store on online platforms. The UAE is a staunch user of personal data and regularly accesses personal information being stored on clouds, such as GPS tracking, pictures, and other forms of data that users store, in order to solve and reduce crime within the region. The country has ample resources for monitoring the daily lives of its citizens. Social media is constantly followed and monitored for people of interest. This is something that is regularly seen through online media and news (GulfNews, 2023). 

Conclusion

The United Arab Emirates provides a very unique state when it comes to data collection and privacy. On the one hand, there is an intrinsic lack of privacy where your daily lives and your conversations are constantly being monitored and you are being subject to living under the limelight per say throughout your time in the country. On the other hand, the direct intervention of the government to protect its citizens, to create a safe and secure environment where the society has a general lack of fear, has proved significantly successful as the UAE is rated as one of the safest places globally. 

The only question that remains, one that perhaps would not have such an easy answer, would be whether this mode of creating a safe space is the most ideal method and is the lack of data privacy a price worth paying for creating such a society. Whether it is the most ideal method or not is yet to be determined, but one thing’s for certain, it is a methodology that has worked for the country. Countless instances of crimes, and even terrorism, have been avoided and stopped because of law enforcement having direct access to particular data which would normally require a full process and court approvals. The country has genuinely managed to create a society where one can feel protected and safe albeit at the cost of privacy loss. 

References

Abed, I. and Hellyer, P. (2001) United Arab Emirates A new perspective. London: Trident Press. 

Bygrave, L.A. (2010) ‘Privacy and Data Protection in an International Perspective’, Data Privacy Law, pp. 166–194. 

Dorraji, S.E. and Barcys, M. (2014) ‘Privacy in digital age: Dead or alive?! regarding the new EU Data Protection Regulations’, Social Technologies, 4(2), pp. 306–317. doi:10.13165/st-14-4-2-05. 

Edwards, L. (2016) ‘Privacy, security and data protection in Smart Cities: A critical EU law perspective’, SSRN Electronic Journal [Preprint]. doi:10.2139/ssrn.2711290. 

Himma, K.E. and Tavani, H.T. (2008) The Handbook of Information and Computer Ethics. Hoboken, NJ: Wiley. 

Morgan, G., Warren-Smith, C. and Kelly, R. (2021) ‘Corporate Investigations 2021, 2020’, International Comparative Legal Guides, 5, pp. 132–138. 

Report, G.N. (2023) UAE: Man arrested over offensive social media video in Luxury Car Showroom, Crime – Gulf News. Available at: https://gulfnews.com/uae/crime/uae-man-arrested-over-offensive-social-media-video-in-luxury-car-showroom-1.96865151  (Accessed: 05 November 2023). 

Safest countries in the world 2023 (2023) Wisevoter. Available at: https://wisevoter.com/country-rankings/safest-countries-in-the-world/#united-arab-emirates (Accessed: 13 October 2023).

Stolterman, E. and Fors, A.C. (2004) ‘Information Technology and the good life’, Information Systems Research, pp. 687–692. doi:10.1007/1-4020-8095-6_45. 

The reason we’re so attached to our smartphones (2017) HuffPost. Available at: https://www.huffpost.com/entry/smartphone-addiction_n_4079309 (Accessed: 01 November 2023). 

United Arab Emirates: Freedom on the net 2020 country report. Freedom House. (n.d.). https://freedomhouse.org/country/united-arab-emirates/freedom-net/2020 (Accessed 13 October 2023)

Wray, R. (2010) UAE blackberry ban set to spread throughout Gulf States, The Guardian. Available at: https://www.theguardian.com/business/2010/aug/02/blackberry-ban-uae-gulf-states (Accessed: 13 October 2023).

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