The Personal Data Protection Law and its executive regulation do not have a definition for “sensitive data”, but article 5 of the law stipulates that it is prohibited to process “genetic data, biometric data, health data, racial origin, sex life, political or religious opinions, philosophical beliefs, criminal convictions, or those relating to security measures” without obtaining a permit from the Ministry of Transport, Communications, and Information Technology (MTCIT).

The new Executive Regulation of the Personal Data Protection Law that came out earlier this week clarified how this process takes place. According to article 5 of the regulation, the controller must fill out a form in accordance with the requirements set out by the MTCIT including providing the purpose for processing personal data and the places to which personal data will be transported or stored. Additionally, the controller must submit both their privacy policy and the precautionary measures adopted by him in case of a personal data breach, as per article 6 of the regulation.

Following the submission of the application, the MTCIT will review the application and decide on it within 45 days. If the application is rejected by the MTCIT, justification must be provided. The application is also automatically rejected if the 45 days period lapses without a response. If the application is rejected, the applicant has the option to file a grievance with the Ministry of Transport, Communications, and Information Technology. Again, if there is no response to the grievance within 30 days of its submission, it is deemed rejected.

If the application is approved, the minister may grant the permit for up to 5 years. Any amendments to the permit details must be informed to the MTCIT within 15 days. In terms of renewal, the permit can be renewed for equivalent durations using the same procedures outlined in this blog.

You can read more about the conditions for processing personal data under the Personal Data Protection Law and its executive regulation on the links below:

Written by:

Iman Al-Lawati

Iman Al Lawati is a legal intern at Decree and a recent LLB Law graduate from the University of Leeds. Prior to joining Decree, Iman trained in private practice and non-profits, gaining experience across corporate, commercial, immigration and criminal law sectors. She has an interest in corporate and commercial law, as well as the integration of technology in the legal field.

The new maternity leave provisions under the Social Protection Law apply equally to Omani and non-Omani full-time female employees. In accordance with article 129 of the law, female employees are entitled to a maternity leave with full-pay for a period of 98 days, 14 of which may be enjoyed prior to childbirth. This same article also explicitly prohibits employers from requiring a female employee to resume work during the period of maternity leave.

If the service of the employee ends during her maternity leave, article 134 of the law stipulates that the allowance must continue to be paid for the remainder of the period, and that she can also receive the employment security insurance allowance after the end of the maternity leave.

Article 131 of the law also stipulates that the employee is entitled to this allowance even if the child dies, as long as the death takes place after the 25th week of pregnancy. Furthermore, and separate from the new paternity leave provisions, the same article stipulates that the father is entitled to the maternity leave if the mother dies during childbirth or during the period of maternity leave. Article 132 of the law also offers the same period of maternity leave for female employees fostering a child deprived of his natural family.

The executive regulation has clarified in article 94 that the maternity leave allowance must be paid by the employer directly to the employee, and that the Social Protection Fund will refund the employer the amounts paid. However, the regulation does not detail on the mechanism for receiving this refund or the time periods associated with it. Furthermore, the executive regulation has clarified in article 31 that the employer must continue to pay both the employer’s share and the employee’s share of the monthly contribution to the pension fund, and that the pension fund will either refund or settle such amounts to the employer. Similar to the allowances, the executive regulation does not provide details on how this refund or settlement will take place.

In addition to maternity leave, it is worth noting that article 133 of the law provides for an additional unpaid leave for childcare of 98 days that can be utilised within one year from the end of the period of the maternity leave, and which may be distributed between the parents.

Conclusion

The maternity leave provisions under the Social Protection Law and the new Executive Regulation of the Social Protection Law are pretty extensive. It is highly recommended for all employers and employees to familiarise themselves with this extremely important piece of legislation. You can read the executive regulation in full in English on the link below.

Written by:

Iman Al-Lawati

Iman Al Lawati is a legal intern at Decree and a recent LLB Law graduate from the University of Leeds. Prior to joining Decree, Iman trained in private practice and non-profits, gaining experience across corporate, commercial, immigration and criminal law sectors. She has an interest in corporate and commercial law, as well as the integration of technology in the legal field.