Page 50 - CyberSecurityEssentialsEnglish

recording, retrieving or analyzing personal data by using any media, electronic or technological devices,
whether this is done partially or wholly.”

In fact, the Law establishes, in the remaining chapters, the framework that regulates and defines the
relationship between the data subject on the one hand, and data users on the other hand, such as the holder,
controller, and processor, by enlisting the rights of the data subject, the conditions for data collection and
processing, the obligations of the controller and the processor, the procedures for making personal data
available, and the nature of usage of sensitive personal data, as well as cross-border personal data, and the
use of personal data in direct e-marketing. Moreover, the Law stipulates, from Chapter nine up to the last
chapter, the establishment of the Personal Data Protection Center, mandated to supervise and monitor the
enforcement of the Personal Data Protection Law, issue licenses, permits, and approvals to companies to
collect and process electronic personal data. The Law also stipulates that the Center's employees, who are
appointed pursuant to a decision of the Minister of Justice upon the proposal of the Competent Minister,
shall have judicial control and seizure powers to prove any crimes perpetrated in violation of this Law. As for
the related crimes and penalties, they are determined in the last chapter of the Law.

The Egyptian Child Law No. 12 of 1996, as amended by Law No. 126 of 2008
Furthermore, the Egyptian legislator paid attention to child protection, so the Egyptian Child Law No. 12 of 1996, as
amended by Law No. 126 of 2008, which underscores and enhances the security of children from online dangers as
follows:

✓ Article (116)
Without prejudice to the provisions of criminal involvement, any adult who induces a child to commit a
misdemeanor, or trains him to do it, or helps him, or facilitates it in any way, but did not attain his goal, shall
be punished with half the maximum penalty stipulated for this crime. The perpetrator shall be punishable with
imprisonment for a term of no less than six months, in case he uses coercive or threatening methods with the
child, or if he is one of his ascendants or is those in charge of upbringing or watching over him, or if he is the
one to whom the child was handed over to by virtue of Law, or in case the child is a servant to any of the
aforementioned. In all cases, if the crime is perpetrated against more than one child, even at different times,
the penalty of imprisonment for a period of no less than one year, and no more than seven years shall apply.
Any adult, who instigates, trains or helps a child to perpetrate a felony or facilitates it in any way, but did not
attain his goal, shall be punishable with the penalty set forth for attempting to perpetrate same crime.
✓ Article (116-bis)
The minimum penalty stipulated for any crime shall be increased by the same amount, if the crime is
perpetrated by an adult against a child, or if the perpetrator is one of his parents, guardians, custodians, or the
one in charge of supervising or upbringing the child, or has authority over him, or in case the child is a servant
to any of the aforementioned.
✓ Article (116-bis (a))
Anyone, who imported, exported, produced, prepared, displayed, printed, promoted, possessed, or
broadcasted any pornographic materials involving children, or related to the sexual exploitation of children,
shall be punishable with imprisonment for a term of no less than two years and a fine of no less than ten
thousand Egyptian pounds, and no more than fifty thousand Egyptian pounds. The tools and machines used in
perpetrating the crime and the proceeds derived from it shall be confiscated, and the premises used to
perpetrate such crimes shall be closed for a term no less than six months. All the above shall be undertaken
without prejudice to the rights of bona fide third parties. Without prejudice to any harsher penalty stipulated
in any other law, each of the following shall be subject to the same penalty: a) anyone who used a computer,
internet, information networks or animations to prepare, store, process, display, print, publish or promote
pornographic activities or acts related to instigating or exploiting children in prostitution and pornographic
activities, defaming or selling them. b) anyone who used a computer, internet, information networks or

48