Abba A Elgujja | University of Salford (original) (raw)
Papers by Abba A Elgujja
Journal of Infrastruture, Policy and Development, 2024
The privacy of personal information is aimed at protecting human rights under the international h... more The privacy of personal information is aimed at protecting human rights under the international human rights regime the Saudi Arabian constitution and other statutes and regulations, subject only to some exceptions that include the protection of public health. The coronavirus disease 2019 (COVID-19) pandemic has brought about certain challenges that necessitate strategies to augment the conventional surveillance of infectious diseases, contact tracing, isolation, reporting, and vaccination. Several governments institutions, and agencies presently adopt mobile applications for collecting, analyzing, managing, and sharing critical personal data of individuals infected with or exposed to COVID-19. While the benefits of sharing private information for achieving public health needs may not be disputed, the risk of a breach of personal privacy is enormous. This forced the national governments into a dilemma of either succumbing to public health needs, strictly respecting and protecting the privacy of individuals, or balancing the two conflicting demands. There is a massive body of literature on the security and privacy of such mobile applications, but none has adequately explored and discussed public interest justifications under Saudi Arabian laws for alleged privacy breaches. We examined the health surveillance mobile app technologies in Saudi Arabia to determine the potential risks of data breaches under extant data protection laws. The paper recommends, among others, that any potential risk of a breach of the right to privacy of personal information under the law must be (justified by) the public health needs to protect society during the COVID-19 pandemic.
IGI Global eBooks, Jun 3, 2022
Advances in information technology, be it by way of social media or use of the electronic medical... more Advances in information technology, be it by way of social media or use of the electronic medical information systems, has changed the way we deal with patient confidential information. The hitherto clear professional relationship with the patient has been blurred using social media, just like the unprecedented rate at which electronic health information is used to access and share patient's confidential information among healthcare professionals. However, given the special professional relationship of confidence which traditionally bonds the healthcare practitioner with the patient, use of these technologies by the healthcare professionals portends the risk of breach of that duty of confidentiality. Although the patient's right to demand confidentiality of his information is not absolute, an unlawful breach could result in a crime, actionable tort, or become a subject of disciplinary action. This chapter undertakes a general review of the benefits and dangers of embracing these new information technologies and their impact on the confidentiality of sensitive health data. www.igi-global.com/article/pharmacy-technology-to-better-public-health/218865?camid=4v1a China's Philanthropic Gestures, Genomic Technologies, and the Imminent Setbacks in Developing Nations (2015). Public Health Genomics and International Wealth Creation (pp. 240-266). www.igi-global.com/chapter/chinas-philanthropic-gestures-genomic-technologies-and-theimminent-setbacks-in-developing-nations/148499?camid=4v1a
The concept of Medical negligence or medical malpractice is as old as the medical practice itself... more The concept of Medical negligence or medical malpractice is as old as the medical practice itself. In the UK, both concepts have evolved and transformed over the years. Medical negligence litigation process in the UK is as clear as the English common law and its accompanying procedural rules. Conversely, the Saudi laws governing medical negligence is quite novel and unique as it is governed by the Shariah law. The litigation process for medical negligence is also quite in contrast to that of the English system. The comparative study of these two distinct systems would be an interesting experience for readers of this book. The book espouses a novel perspective to the conventional precepts on medical practice and medical negligence litigation process.
The privacy of personal information is aimed at protecting human rights both under the internatio... more The privacy of personal information is aimed at protecting human rights both under the international human rights regime and the Saudi Arabian constitution (Basic Law of Governments) and other statutes and regulations, subject only to some exceptions that include the protection of public health. The coronavirus disease 2019 (COVID-19) pandemic has brought about certain challenges that necessitate strategies to augment the conventional surveillance of infectious diseases, contact tracing, isolation, reporting and vaccination. Given this situation, the protection of privacy of personal data should not be downplayed. Based on the foregoing, several national governments, institutions, and agencies presently adopt mobile applications for collecting, analysing, managing, and sharing critical personal data of individuals infected with or exposed to COVID-19. These data may be centralized at a central database or localized in private mobile phones. While the benefits of sharing private information for achieving public health needs may not be disputed, the risk of breach of personal privacy is enormous. Consequently, it forced the national governments into a dilemma of either succumbing to public health needs, strictly respecting and protecting the privacy of individuals, or alternatively, balancing the two conflicting demands. There is a massive body of literature on the security and privacy of such mobile applications, but none has adequately explored and discussed public interest justifications under Saudi Arabian laws for alleged privacy breaches. This paper examined the COVID-19 surveillance mobile app technologies currently in use in Saudi Arabia with the aim of determining the potential risks of data breaches under extant data protection laws. Another area covered by the paper is an analysis of the regulations in the country with a view to understanding if such breaches are obligated, allowed, or justified under the laws. The paper recommends, among others, that any potential risk of breach to right to privacy of personal information under the law must be (justified by) the public health needs to protect society during the COVID-19 pandemic.
Journal of nature and science of medicine, 2020
Evidence has shown that the state of the patient care environment has a direct impact in heighten... more Evidence has shown that the state of the patient care environment has a direct impact in heightening the risks of hospital acquired infections among patients admitted in hospitals. And in view of the sub-optimal standard of cleanings by housekeeping staff, the quest for a better approach to reliably disinfect environmental surfaces in healthcare facilities. The ultraviolet light has been known for its antimicrobial property, and have been used in water treatment, food processing and induct cleaning of ventilations. A recent introduction of its use for surface decontamination has raised interest among hospitals. However, studies have shown that, in spite of its relative success in other applications, there is doubt in its efficacy in decontaminating shadowed areas of the room, and therefore, would not be seen as justifying its capital intensiveness.
Social Science Research Network, Jun 1, 2019
This article examines the use of abusive language by football fans on the social media and the la... more This article examines the use of abusive language by football fans on the social media and the lack of strict measures by the social media sites to take down derogatory posts directed at football stars. In doing so, the article highlights cases of where football stars plying their trade in the English Premier League have been targeted for abusive remarks on the social media. The article finds that social media sites do not consider an abusive statement as a hate speech unless it touches on matters of faith, sexual orientation ill health or sexual orientation/identity. Another finding is that little is being done to enforce stricter measures to censor abuse on social media sites. The argument in the article is that any abuse capable of causing emotional pain or distress on the victim should be considered as a hate speech. The recommendation is that the law should define insults capable of causing emotional injury as hate and for the application of stricter measures in dealing with derogatory remarks on social media.
Li Falah : jurnal studi ekonomi dan bisnis Islam, Jun 30, 2022
Sub-Saharan Africa (SSA) lags other regions of the world as far as critical infrastructure is con... more Sub-Saharan Africa (SSA) lags other regions of the world as far as critical infrastructure is concerned. Even though the region has great potential, the governments in the region are constrained by budget deficits and competing demands for state resources. With limited access to foreign finance for private sector-led infrastructure procurement in most economies in SSA, this article examines how innovative financial products can be developed to unlock domestic finance for infrastructure. The article adopts a law and development approach. The article recommends the development of infrastructure mutual funds and Islamic finance as alternative sources for infrastructure finance in SSA. This recommendation is based on Prof YS Lee's adaptability to socioeconomic conditions theory.
Evidence has shown that the state of the patient care environment has a direct impact in heighten... more Evidence has shown that the state of the patient care environment has a direct impact in heightening the risks of hospital acquired infections among patients admitted in hospitals. And in view of the sub-optimal standard of cleanings by housekeeping staff, the quest for a better approach to reliably disinfect environmental surfaces in healthcare facilities. The ultraviolet light has been known for its antimicrobial property, and have been used in water treatment, food processing and induct cleaning of ventilations. A recent introduction of its use for surface decontamination has raised interest among hospitals. However, studies have shown that, in spite of its relative success in other applications, there is doubt in its efficacy in decontaminating shadowed areas of the room, and therefore, would not be seen as justifying its capital intensiveness.
Social Science Research Network, 2021
Privacy of personal information is a protected human right both under the international human rig... more Privacy of personal information is a protected human right both under the international human rights and the national laws and regulations, subject to so exceptions that include protecting public health. The COVID-19 pandemic has challenged and overwhelmed the status quo in every human sphere, including the conventional surveillance of infectious diseases, contact tracing, isolation, reporting and vaccination while simultaneously protecting the privacy of personal data. The pandemic had led national governments, institutions and agencies to adopt mobile applications for collecting, analysing, managing and sharing critical personal data of individuals infected with or exposed to COVID-19. These data may be centralized at a central database, or localized in individuals' phones. While the benefits of sharing private information for achieving public health needs may not be disputed, the risk of breach of personal privacy is, also, enormous. Consequently, it forced the national governments into a dilemma of either succumbing to public health needs, or strictly respecting and protecting the privacy of individuals, or balancing the two conflicting demands. There is a massive body of literature on the security and privacy of such mobile applications, but none has adequately explored and discussed the public interest justifications under the Saudi Arabian laws for the alleged privacy breaches. This paper explored the COVID-19 surveillance mobile app technologies in use in Saudi Arabia for their potential risks of data breaches under the prevailing data protection laws and regulations with a view to understanding if such breaches are obligated, allowed, or justified under the laws. Our findings suggest that any potential risk of a breach to the individuals' privacy of personal information under the law would seem to have been properly balanced against (justified by) the public health needs to protect the society during the COVID-19 pandemic.
Social Science Research Network, 2019
Governments around the world including developed and developing economies are grappling with the ... more Governments around the world including developed and developing economies are grappling with the challenge of wide infrastructure deficits. The case of the African continent is even more critical. Considering also that the United Nation’s Sustainable Development Goals aim to “leave no one behind,” it becomes imperative to explore avenues to allow the private sector to finance and deliver infrastructure. Public-Private Partnership is now considered as one of the most successful global strategies to support the public sector in the provision of infrastructure. This paper examines the role of Public-Private Partnership in the achievement of the United Nations Sustainable Development Goals vis-a-vis the role of sub-national governments in ensuring a viable framework for the successful arrangement and execution of Public-Private Partnership projects. The methodology adopted for the paper a doctrinal review of literature and case studies on the subject. The paper recommends the engagement of stakeholders and the strengthening of sub-national frameworks for sub-national Public-Private Partnership.
Social Science Research Network, 2021
Li Falah: Jurnal Studi Ekonomi dan Bisnis Islam
Sub-Saharan Africa (SSA) lags other regions of the world as far as critical infrastructure is con... more Sub-Saharan Africa (SSA) lags other regions of the world as far as critical infrastructure is concerned. Even though the region has great potential, the governments in the region are constrained by budget deficits and competing demands for state resources. With limited access to foreign finance for private sector-led infrastructure procurement in most economies in SSA, this article examines how innovative financial products can be developed to unlock domestic finance for infrastructure. The article adopts a law and development approach. The article recommends the development of infrastructure mutual funds and Islamic finance as alternative sources for infrastructure finance in SSA. This recommendation is based on Prof YS Lee's adaptability to socioeconomic conditions theory.
Advances in Medical Technologies and Clinical Practice
Advances in information technology, be it by way of social media or use of the electronic medical... more Advances in information technology, be it by way of social media or use of the electronic medical information systems, has changed the way we deal with patient confidential information. The hitherto clear professional relationship with the patient has been blurred using social media, just like the unprecedented rate at which electronic health information is used to access and share patient's confidential information among healthcare professionals. However, given the special professional relationship of confidence which traditionally bonds the healthcare practitioner with the patient, use of these technologies by the healthcare professionals portends the risk of breach of that duty of confidentiality. Although the patient's right to demand confidentiality of his information is not absolute, an unlawful breach could result in a crime, actionable tort, or become a subject of disciplinary action. This chapter undertakes a general review of the benefits and dangers of embracing t...
The concept of personal data protection is no doubt, an off-shoot of the universal human right to... more The concept of personal data protection is no doubt, an off-shoot of the universal human right to privacy and confidentiality. Not only has it been ingrained under Article 12 of the Universal Declaration of Human Rights, but it has also been incorporated into most of the regional human rights conventions, charters, and treaties, except, of course, the African Charter on Human Rights (ACHR) to which Nigerian affiliates with. Despite its conspicuous absence in the ACHR, the revolution in the internet and information management technologies have prompted the African Union (AU), and the Economic Community of West Africa States (ECOWAS) to, respectively, create Convention and Act to regulate the processing of personal data.However, Nigeria has neither incorporated these treaties nor enacted a comprehensive data protection law. At best, Nigeria has a Data Protection Regulations, a Data Protection Bill, and scattered pieces of legislation regulating specific aspects of the processing of pe...
Journal of Nature and Science of Medicine
Journal of Infrastruture, Policy and Development, 2024
The privacy of personal information is aimed at protecting human rights under the international h... more The privacy of personal information is aimed at protecting human rights under the international human rights regime the Saudi Arabian constitution and other statutes and regulations, subject only to some exceptions that include the protection of public health. The coronavirus disease 2019 (COVID-19) pandemic has brought about certain challenges that necessitate strategies to augment the conventional surveillance of infectious diseases, contact tracing, isolation, reporting, and vaccination. Several governments institutions, and agencies presently adopt mobile applications for collecting, analyzing, managing, and sharing critical personal data of individuals infected with or exposed to COVID-19. While the benefits of sharing private information for achieving public health needs may not be disputed, the risk of a breach of personal privacy is enormous. This forced the national governments into a dilemma of either succumbing to public health needs, strictly respecting and protecting the privacy of individuals, or balancing the two conflicting demands. There is a massive body of literature on the security and privacy of such mobile applications, but none has adequately explored and discussed public interest justifications under Saudi Arabian laws for alleged privacy breaches. We examined the health surveillance mobile app technologies in Saudi Arabia to determine the potential risks of data breaches under extant data protection laws. The paper recommends, among others, that any potential risk of a breach of the right to privacy of personal information under the law must be (justified by) the public health needs to protect society during the COVID-19 pandemic.
IGI Global eBooks, Jun 3, 2022
Advances in information technology, be it by way of social media or use of the electronic medical... more Advances in information technology, be it by way of social media or use of the electronic medical information systems, has changed the way we deal with patient confidential information. The hitherto clear professional relationship with the patient has been blurred using social media, just like the unprecedented rate at which electronic health information is used to access and share patient's confidential information among healthcare professionals. However, given the special professional relationship of confidence which traditionally bonds the healthcare practitioner with the patient, use of these technologies by the healthcare professionals portends the risk of breach of that duty of confidentiality. Although the patient's right to demand confidentiality of his information is not absolute, an unlawful breach could result in a crime, actionable tort, or become a subject of disciplinary action. This chapter undertakes a general review of the benefits and dangers of embracing these new information technologies and their impact on the confidentiality of sensitive health data. www.igi-global.com/article/pharmacy-technology-to-better-public-health/218865?camid=4v1a China's Philanthropic Gestures, Genomic Technologies, and the Imminent Setbacks in Developing Nations (2015). Public Health Genomics and International Wealth Creation (pp. 240-266). www.igi-global.com/chapter/chinas-philanthropic-gestures-genomic-technologies-and-theimminent-setbacks-in-developing-nations/148499?camid=4v1a
The concept of Medical negligence or medical malpractice is as old as the medical practice itself... more The concept of Medical negligence or medical malpractice is as old as the medical practice itself. In the UK, both concepts have evolved and transformed over the years. Medical negligence litigation process in the UK is as clear as the English common law and its accompanying procedural rules. Conversely, the Saudi laws governing medical negligence is quite novel and unique as it is governed by the Shariah law. The litigation process for medical negligence is also quite in contrast to that of the English system. The comparative study of these two distinct systems would be an interesting experience for readers of this book. The book espouses a novel perspective to the conventional precepts on medical practice and medical negligence litigation process.
The privacy of personal information is aimed at protecting human rights both under the internatio... more The privacy of personal information is aimed at protecting human rights both under the international human rights regime and the Saudi Arabian constitution (Basic Law of Governments) and other statutes and regulations, subject only to some exceptions that include the protection of public health. The coronavirus disease 2019 (COVID-19) pandemic has brought about certain challenges that necessitate strategies to augment the conventional surveillance of infectious diseases, contact tracing, isolation, reporting and vaccination. Given this situation, the protection of privacy of personal data should not be downplayed. Based on the foregoing, several national governments, institutions, and agencies presently adopt mobile applications for collecting, analysing, managing, and sharing critical personal data of individuals infected with or exposed to COVID-19. These data may be centralized at a central database or localized in private mobile phones. While the benefits of sharing private information for achieving public health needs may not be disputed, the risk of breach of personal privacy is enormous. Consequently, it forced the national governments into a dilemma of either succumbing to public health needs, strictly respecting and protecting the privacy of individuals, or alternatively, balancing the two conflicting demands. There is a massive body of literature on the security and privacy of such mobile applications, but none has adequately explored and discussed public interest justifications under Saudi Arabian laws for alleged privacy breaches. This paper examined the COVID-19 surveillance mobile app technologies currently in use in Saudi Arabia with the aim of determining the potential risks of data breaches under extant data protection laws. Another area covered by the paper is an analysis of the regulations in the country with a view to understanding if such breaches are obligated, allowed, or justified under the laws. The paper recommends, among others, that any potential risk of breach to right to privacy of personal information under the law must be (justified by) the public health needs to protect society during the COVID-19 pandemic.
Journal of nature and science of medicine, 2020
Evidence has shown that the state of the patient care environment has a direct impact in heighten... more Evidence has shown that the state of the patient care environment has a direct impact in heightening the risks of hospital acquired infections among patients admitted in hospitals. And in view of the sub-optimal standard of cleanings by housekeeping staff, the quest for a better approach to reliably disinfect environmental surfaces in healthcare facilities. The ultraviolet light has been known for its antimicrobial property, and have been used in water treatment, food processing and induct cleaning of ventilations. A recent introduction of its use for surface decontamination has raised interest among hospitals. However, studies have shown that, in spite of its relative success in other applications, there is doubt in its efficacy in decontaminating shadowed areas of the room, and therefore, would not be seen as justifying its capital intensiveness.
Social Science Research Network, Jun 1, 2019
This article examines the use of abusive language by football fans on the social media and the la... more This article examines the use of abusive language by football fans on the social media and the lack of strict measures by the social media sites to take down derogatory posts directed at football stars. In doing so, the article highlights cases of where football stars plying their trade in the English Premier League have been targeted for abusive remarks on the social media. The article finds that social media sites do not consider an abusive statement as a hate speech unless it touches on matters of faith, sexual orientation ill health or sexual orientation/identity. Another finding is that little is being done to enforce stricter measures to censor abuse on social media sites. The argument in the article is that any abuse capable of causing emotional pain or distress on the victim should be considered as a hate speech. The recommendation is that the law should define insults capable of causing emotional injury as hate and for the application of stricter measures in dealing with derogatory remarks on social media.
Li Falah : jurnal studi ekonomi dan bisnis Islam, Jun 30, 2022
Sub-Saharan Africa (SSA) lags other regions of the world as far as critical infrastructure is con... more Sub-Saharan Africa (SSA) lags other regions of the world as far as critical infrastructure is concerned. Even though the region has great potential, the governments in the region are constrained by budget deficits and competing demands for state resources. With limited access to foreign finance for private sector-led infrastructure procurement in most economies in SSA, this article examines how innovative financial products can be developed to unlock domestic finance for infrastructure. The article adopts a law and development approach. The article recommends the development of infrastructure mutual funds and Islamic finance as alternative sources for infrastructure finance in SSA. This recommendation is based on Prof YS Lee's adaptability to socioeconomic conditions theory.
Evidence has shown that the state of the patient care environment has a direct impact in heighten... more Evidence has shown that the state of the patient care environment has a direct impact in heightening the risks of hospital acquired infections among patients admitted in hospitals. And in view of the sub-optimal standard of cleanings by housekeeping staff, the quest for a better approach to reliably disinfect environmental surfaces in healthcare facilities. The ultraviolet light has been known for its antimicrobial property, and have been used in water treatment, food processing and induct cleaning of ventilations. A recent introduction of its use for surface decontamination has raised interest among hospitals. However, studies have shown that, in spite of its relative success in other applications, there is doubt in its efficacy in decontaminating shadowed areas of the room, and therefore, would not be seen as justifying its capital intensiveness.
Social Science Research Network, 2021
Privacy of personal information is a protected human right both under the international human rig... more Privacy of personal information is a protected human right both under the international human rights and the national laws and regulations, subject to so exceptions that include protecting public health. The COVID-19 pandemic has challenged and overwhelmed the status quo in every human sphere, including the conventional surveillance of infectious diseases, contact tracing, isolation, reporting and vaccination while simultaneously protecting the privacy of personal data. The pandemic had led national governments, institutions and agencies to adopt mobile applications for collecting, analysing, managing and sharing critical personal data of individuals infected with or exposed to COVID-19. These data may be centralized at a central database, or localized in individuals' phones. While the benefits of sharing private information for achieving public health needs may not be disputed, the risk of breach of personal privacy is, also, enormous. Consequently, it forced the national governments into a dilemma of either succumbing to public health needs, or strictly respecting and protecting the privacy of individuals, or balancing the two conflicting demands. There is a massive body of literature on the security and privacy of such mobile applications, but none has adequately explored and discussed the public interest justifications under the Saudi Arabian laws for the alleged privacy breaches. This paper explored the COVID-19 surveillance mobile app technologies in use in Saudi Arabia for their potential risks of data breaches under the prevailing data protection laws and regulations with a view to understanding if such breaches are obligated, allowed, or justified under the laws. Our findings suggest that any potential risk of a breach to the individuals' privacy of personal information under the law would seem to have been properly balanced against (justified by) the public health needs to protect the society during the COVID-19 pandemic.
Social Science Research Network, 2019
Governments around the world including developed and developing economies are grappling with the ... more Governments around the world including developed and developing economies are grappling with the challenge of wide infrastructure deficits. The case of the African continent is even more critical. Considering also that the United Nation’s Sustainable Development Goals aim to “leave no one behind,” it becomes imperative to explore avenues to allow the private sector to finance and deliver infrastructure. Public-Private Partnership is now considered as one of the most successful global strategies to support the public sector in the provision of infrastructure. This paper examines the role of Public-Private Partnership in the achievement of the United Nations Sustainable Development Goals vis-a-vis the role of sub-national governments in ensuring a viable framework for the successful arrangement and execution of Public-Private Partnership projects. The methodology adopted for the paper a doctrinal review of literature and case studies on the subject. The paper recommends the engagement of stakeholders and the strengthening of sub-national frameworks for sub-national Public-Private Partnership.
Social Science Research Network, 2021
Li Falah: Jurnal Studi Ekonomi dan Bisnis Islam
Sub-Saharan Africa (SSA) lags other regions of the world as far as critical infrastructure is con... more Sub-Saharan Africa (SSA) lags other regions of the world as far as critical infrastructure is concerned. Even though the region has great potential, the governments in the region are constrained by budget deficits and competing demands for state resources. With limited access to foreign finance for private sector-led infrastructure procurement in most economies in SSA, this article examines how innovative financial products can be developed to unlock domestic finance for infrastructure. The article adopts a law and development approach. The article recommends the development of infrastructure mutual funds and Islamic finance as alternative sources for infrastructure finance in SSA. This recommendation is based on Prof YS Lee's adaptability to socioeconomic conditions theory.
Advances in Medical Technologies and Clinical Practice
Advances in information technology, be it by way of social media or use of the electronic medical... more Advances in information technology, be it by way of social media or use of the electronic medical information systems, has changed the way we deal with patient confidential information. The hitherto clear professional relationship with the patient has been blurred using social media, just like the unprecedented rate at which electronic health information is used to access and share patient's confidential information among healthcare professionals. However, given the special professional relationship of confidence which traditionally bonds the healthcare practitioner with the patient, use of these technologies by the healthcare professionals portends the risk of breach of that duty of confidentiality. Although the patient's right to demand confidentiality of his information is not absolute, an unlawful breach could result in a crime, actionable tort, or become a subject of disciplinary action. This chapter undertakes a general review of the benefits and dangers of embracing t...
The concept of personal data protection is no doubt, an off-shoot of the universal human right to... more The concept of personal data protection is no doubt, an off-shoot of the universal human right to privacy and confidentiality. Not only has it been ingrained under Article 12 of the Universal Declaration of Human Rights, but it has also been incorporated into most of the regional human rights conventions, charters, and treaties, except, of course, the African Charter on Human Rights (ACHR) to which Nigerian affiliates with. Despite its conspicuous absence in the ACHR, the revolution in the internet and information management technologies have prompted the African Union (AU), and the Economic Community of West Africa States (ECOWAS) to, respectively, create Convention and Act to regulate the processing of personal data.However, Nigeria has neither incorporated these treaties nor enacted a comprehensive data protection law. At best, Nigeria has a Data Protection Regulations, a Data Protection Bill, and scattered pieces of legislation regulating specific aspects of the processing of pe...
Journal of Nature and Science of Medicine
OSFPREPRINTS, 2021
Privacy of personal information is a protected human right both under the international human rig... more Privacy of personal information is a protected human right both under the international human rights and the national laws and regulations, subject to so exceptions that include protecting public health. The COVID-19 pandemic has challenged and overwhelmed the status quo in every human sphere, including the conventional surveillance of infectious diseases, contact tracing, isolation, reporting and vaccination while simultaneously protecting the privacy of personal data. The pandemic had led national governments, institutions and agencies to adopt mobile applications for collecting, analysing, managing and sharing critical personal data of individuals infected with or exposed to COVID-19. These data may be centralized at a central database, or localized in individuals' phones. While the benefits of sharing private information for achieving public health needs may not be disputed, the risk of breach of personal privacy is, also, enormous. Consequently, it forced the national governments into a dilemma of either succumbing to public health needs, or strictly respecting and protecting the privacy of individuals, or balancing the two conflicting demands. There is a massive body of literature on the security and privacy of such mobile applications, but none has adequately explored and discussed the public interest justifications under the Saudi Arabian laws for the alleged privacy breaches. This paper explored the COVID-19 surveillance mobile app technologies in use in Saudi Arabia for their potential risks of data breaches under the prevailing data protection laws and regulations with a view to understanding if such breaches are obligated, allowed, or justified under the laws. Our findings suggest that any potential risk of a breach to the individuals' privacy of personal information under the law would seem to have been properly balanced against (justified by) the public health needs to protect the society during the COVID-19 pandemic.
Diaspora overseas or external voting (hereinafter referred to as diaspora voting), which hinges o... more Diaspora overseas or external voting (hereinafter referred to as diaspora voting), which hinges on the citizen's universal right to vote, has become popular among modern democracies all over the world. Over a hundred nations have so far adopted overseas or (hereinafter referred to as diaspora voting) with varying scope and/or restriction, if any. Among these countries are nearly thirty African countries that also include all of Nigeria's immediate neighbours except Cameroun. Currently, the Nigerian laws, including the 1999 Constitution (as amended) and the Electoral Act (2010), do not provide for the right of Nigerians overseas to participate in elections unless they personally present themselves for registration and voting at designated centres in Nigeria. Since Nigeria's return to democratic government in 1999, there have been persistent calls among Nigerians in the diaspora for law reforms to enable them to exercise their universal right to vote during elections. Since then, various administrations of the Nigerian government have, accordingly, yielded to those calls by setting up an independent dedicated body (Nigerians in Diaspora Commission (NiDCOM)) that is saddled with the responsibility of engaging and mobilising Nigerians in the diaspora as equal partners in national development. Political pundits continue to debate on and attempt to strike a balance between, its desirability and the potential logistical and operational challenges that may result therefrom. However, the overwhelming argument is that, in view of their contribution to Nigerian national development, and the contemporary international trend in the globalised modern democracies, Nigerians in diaspora, as equal citizens, should be allowed to exercise their right to vote just like their peers in similar climes. This article reviewed and found that there are some legal hurdles that have to be tackled along the way, and proffers some constitutional amendments and other legal reforms that are necessary for bringing this lofty concept into fruition.
preprints.org, 2019
Evidence has shown that the state of the patient care environment has a direct impact in heighten... more Evidence has shown that the state of the patient care environment has a direct impact in heightening the risks of hospital acquired infections among patients admitted in hospitals. And in view of the sub-optimal standard of cleanings by housekeeping staff, the quest for a better approach to reliably disinfect environmental surfaces in healthcare facilities. The ultraviolet light has been known for its antimicrobial property, and have been used in water treatment, food processing and in-duct cleaning of ventilations. A recent introduction of its use for surface decontamination has raised interest among hospitals.However, studies have shown that, in spite of its relative success in other applications, there is doubt in its efficacy in decontaminating shadowed areas of the room, and therefore, would not be seen as justifying its capital intensiveness.
preprints.org, Aug 2019
The concept of patient confidentiality is nearly as old as the practice of health professions and... more The concept of patient confidentiality is nearly as old as the practice of health professions and, has evolved and transformed over the years, from one jurisdiction to the other. Patient confidentiality can be a fundamental human right, an ethical duty or, a legal duty. The Saudi laws have evolved around its Shari’ah-based legal culture, its history and the international human right laws (IHRLs). These elements have moulded the Saudi Arabia’s unique perspective on patient confidentiality. Its confidentiality laws are found scattered in several legislations. Is the Saudi patient confidentiality law able to adequately deal with the contemporary challenges? The study reviewed the relevant Saudi laws in the light the International Humana Rights Laws. Findings suggest that there are issues bordering on the lack of quality comprehensive data protection laws, on clarity and foreseeability of the existing laws, and on the accessibility of the courts. Furthermore, the lack of a system of law reporting and stare decisis potentially gave the judges a wider latitude of discretion in interpreting the laws. Therefore, the study recommends for a comprehensive data protection law with a clear definition of “confidential information”, of data controllers and their role, and of specific safeguards against potential abuses. Others include defining legitimate purposes for using the patient’s data, and his role, and the extent to which he can control the use of his own data. Consistency in legal interpretations, and an improved law reporting system could positively enhance the overall outcome.