Protecting Citizens from Harassment by Marketing Companies

Dr. Bahaa Helmy: The suffering of many citizens is growing as a result of the violation of the sanctity of their private lives through successive electronic messages, repeated telephone calls and constant harassment by marketing companies, especially real estate marketing. Brushing aside the rights of citizens and the sanctity of their private lives guaranteed by the Constitution and the law. Despite the constitutional and legal protection of the sanctity of private life, the Anti-Cyber and Information Technology Crimes Law criminalizes every violation by sending numerous electronic messages on social media to a specific person without his consent, or by providing personal data to a system or website to promote goods or services without his consent. The Personal Data Protection Law issued in 2020 also criminalizes the breach and violation of personal data and criminalizes its disclosure, transfer or use without the explicit consent of the person concerned. But most regrettably, the first to violate the laws are the various telecommunications companies, which flood subscribers’ mobile phones with dozens of text messages every day with offers and promotions for marketing and advertising companies, wrapped in an illusory fence such as granting points or discounts that the customer obtains. All without the customers’ consent. These companies cannot rely on some phrases written in small, unreadable print that customers sign when contracting for a line or SIM card as consent to the circulation of their data, since they are not given the necessary time, or in the case of contracting parties who cannot read well, which makes this close to contracts of adhesion. On the other hand, the controllers of personal data at these companies and at other companies, malls and shops that record the data of those dealing with them transfer and dispose of it for the benefit of marketing companies without the consent or knowledge of the person concerned, in violation of the provisions of the data protection law, which is gathering dust in the drawers because its executive regulations have not yet been issued. Although the law issued in July 2020 provides that the executive regulations must be issued within six months of its publication, they have not been issued to date. This law prohibits any electronic communication for the purpose of direct marketing to the data subject except after obtaining his personal consent, while enabling the citizen concerned with his personal data to refuse these electronic communications or to withdraw his consent to their being sent. However, there is no oversight of these violations, which cause real nuisance throughout the day; direct contact for marketing purposes on people’s personal accounts and social media has exceeded the limit that can be accepted or overlooked, and has become a constant nuisance without the consent of their owners. Compared with data protection in the 28 countries of the European Union, for example, it is clear that they set and impose strict rules on the monitoring, processing and handling of their citizens’ personal data in a way that safeguards and ensures the privacy of this data and information securely in the age of the internet and digital transformation, which is characterized by the ease of exchanging and transferring information by many means and forms. Hence regulations must be issued containing executive mechanisms to protect citizens’ data and confront the chaos of its circulation and its provision to marketing companies without the consent of those concerned, in order to limit the unprecedented daily nuisance and respect the sanctity of private life. The bodies concerned with law enforcement must also hasten to take the legal and technical measures to protect personal data, which constitutes a huge financial resource that some liken to the new oil. Especially in the age of the internet and digital transformation in which we live, because of the great importance and privacy of personal data. Not only to protect individuals but also for national security and the imposition of the rule of law.