The Hashemite Kingdom of Jordan

As with many languages, Arabic has no equivalent to the English word "privacy," although there exist more specific – and less ambiguous words – which appertain to any discussion of privacy rights.[1] While the concept of privacy exists in the Arab world, its content and meaning differ from Western notions.[2] Traditional Arab privacy does not connote "the 'personal,' the 'secret' or the 'individuated space,' rather it concerns two core spheres – women and the family."[3] Thus, while privacy as a cultural value is entrenched in the Jordanian state, privacy as a legal right is as yet an evolving concept.

The Jordanian Constitution specifically recognizes a limited right to privacy, but these rights are regularly circumscribed by law or practice. Article 10 of the Constitution stipulates, "[d]welling houses shall be inviolable and shall not be entered except in the circumstances and in the manner prescribed by law."[4] Jordanian law is founded on Islamic law or shari'ah and elements of the Napoleonic Code.[5] Article 10 can be directly traced to both the Qu'ran and the Sunnah – the body of precedent sayings, acts and tacit approvals of the Prophet Mohammed – which together form the basis of the shari'ah.[6]

 

 Article 18 of the Constitution stipulates, "[a]ll postal, telegraphic and telephonic communications shall be treated as secret and as such shall not be subject to censorship or suspension except in circumstances prescribed by law." In practice, however, authorities often do not respect these constitutional restrictions. According to human rights reports, security officers monitor telephone conversations and Internet communications, read private correspondence, and engage in surveillance of persons who are considered to pose a threat to the government or national security.[7] Unlawful telephone surveillance, in particular, has become such a frequent issue in the courts that it has been the object of complaint by some judges.[8]

Other regular privacy or related rights abuses include arbitrary arrest and detention; lack of transparent investigations and accountability within the security services; prolonged detention without charge; denial of due process of law stemming from the expanded authority of the State Security Court and interference in the judicial process; harassment of members of opposition political parties; and significant restrictions on freedom of speech, press, assembly, and association.

After September 11, 2001, the government amended the Penal Code and regressed 1999 amendments to the Press and Publications Act, which had reduced the historical restrictions on press freedom.[9] Article 150 threatens with prison anyone who publishes "a story, speech or act in any way that offends national unity, stirs people to commit crimes, implants hatred among members of society, instigates sectarianism and racism, insults the dignity and personal freedoms of individuals, promotes fabricated rumors, incites others to riot, sit-in or organize public gatherings that violate the laws of the country." According to the US Department of State, Jordanian journalists allege that the Jordanian government uses informants and censors at printing presses to inform the government if particularly objectionable material is slated for print in the news media. In 2003 the government routinely used detention and prosecution or the threat of prosecution to intimidate journalists into self-censorship.[10] Emergency regulations also abridge freedom of speech by permitting martial law authorities and the secret police to arrest persons suspected of security offenses and to detain them without trial or access to legal counsel for indefinite periods. The emergency regulations authorize the government to censor the press and other publications, ban political parties, and restrict the rights of citizens to assemble for political meetings and peaceful demonstrations. Martial law has frequently been invoked in Jordan, sometimes for decades at a time.

The government limits academic freedom. Student activism is carefully controlled through restrictions on political organizations, demonstrations, and meetings. Jordanian students studying overseas are subject to strict passport controls and students must obtain a good behavior certificate from the secret police in order to qualify for admission under the university quota system. Human rights groups report that these certificates are sometimes withheld from deserving students due to a family member's allegedly problematic record.

According to the Brussels-based International Confederation of Free Trade Unions (ICFTU), Jordan's one million foreign workers have been prohibited from joining trade unions and engaging in collective bargaining or strikes, and domestic and agricultural workers have been excluded from protection under the Labor Code.[11]

The government imposes some limits on freedom of religion and notes individuals' religious affiliation (except for Druze and Baha'is, and other unrecognized religions) on the national identity card and in the "family book" (a national registration record that is issued to the head of every family and that serves as proof of citizenship) of all citizens. Atheists must associate themselves with a recognized religion for official identification purposes.

In September 2001, the government rolled out a new smart national identification card. The new cards feature stronger security measures and will replace the current national identification card. According to the government, however they also carry more personal information, notably voter registration information.[12] Jordan has also implemented a smart health card system in the capital. Doctors, pharmacies, hospitals, laboratories and radiology centers in Amman have electronic access to patient insurance and medical information through a card-based system of electronic record storage. Personal information contained on these cards includes everything from blood type to benefits status.[13]

There are some restrictions on freedom of movement. On August 28, 2001 the government enacted a temporary law limiting the right of assembly, stating that organizers of public assemblies must obtain the written approval of the provincial governor at least 24 hours before the event is to take place; any assembly contrary to the law will be deemed illegal and violators will be subject to prison terms or fines.[14] This law is still in effect.

Jordan has no data protection or privacy law and it remains difficult for Jordanians to exercise their information privacy rights.[15] While still relatively low, Internet penetration and e-commerce is expanding. Coupled with this growth, concerns over privacy and data collection are also developing The majority of potential e-commerce users feel that their rights of privacy are not protected under current laws and there is domestic and international pressure for the government to address these issues.[16]

In July 1999, Jordan drafted a plan to establish the requisites for a knowledge-based economy, including: modern cyber laws, new information technology IT) infrastructure, an IT-oriented educational system, and the latest generation in telecommunications.[17] A key goal of the public/private REACH Initiative[18] has been to establish a supportive regulatory and legal environment for e-commerce; a dozen important legislative changes have been promulgated, with more on the way.[19] Unlike Malaysia's Multimedia Super Corridor program, after which it is modeled, privacy or data protection legislation is noticeably absent from the REACH agenda. However, several amendments and regulations have significant implications for privacy rights, including the Electronic Transactions Act, regulations for Internet cafés, and amendments to the Telecommunications Act.[20]

The Electronic Transactions Act (ETA) prohibits authentication institutions from disclosing the secrets of any client[21] and provides additional sanctions for any person who commits a crime by electronic means.[22]

In December 2000, regulations were promulgated under the ETA to govern the operation and licensing of Internet cafés. The regulations required that the government license all Internet cafés and that any owner[23] and any managers[24] be Jordanian nationals, of "good conduct and manners," and have no felony or misdemeanor convictions affecting honor or public morals. More controversially, the regulations stipulated that Internet cafés must collect user names and any available unique personal identifiers (i.e. national ID number), the time of use, the fixed IP address of the Internet access point and monthly log files showing which sites had been visited and by whom.[25]Internet cafés were also required to block and filter any site containing "any visual, audible or printed materials that provoke sexual instincts, slandered religious beliefs or promoted the use of drugs, tobacco and medical drugs, gambling sites or sites that showed the method of manufacturing of materials for military uses in an illegitimate manner."[26] Further, all Internet point-of-access were required to be in public halls open to the public and not in a closed or private room.[27] A public security team would periodically perform inspection tours of all cafés.[28]

While café personnel were required to maintain the confidentiality of all personal data pertaining to the user and any information relevant to their use of the network,[29] they were also required to submit such information to authorities when requested in accordance with the law.[30]

In response to negative reactions from the REACH private-sector participants, the government quickly retracted the regulations in January 2001.[31]

Amendments to the Telecommunications Act provide that "telephone calls and private telecommunications shall be considered confidential matters that shall not be violated"[32] and that any person who "withholds a message . . . copies or reveals a message or tampers with the data related to any subscriber, including unpublished telephone numbers and sent or received messages,[33] or who discloses the content of any private communication "which came to his knowledge by virtue of his post or who records the same without any legal basis, shall be punished" by imprisonment, a fine or both.[34] Similarly, "any person who intercepts, obstructs, alters or strikes off the contents of a message carried through the telecommunications networks or encourages others to do so, shall be punished" by imprisonment, a fine or both.[35]

In 2000, Jordan signed several international agreements which will likely assist in propagating international standards for privacy protection into domestic law, including its acceptance to the World Trade Organization, a trade partnership agreement with the European Union and a joint statement on electronic commerce with the United States. The first two agreements call for the liberalization of trade and stipulate the incorporation of measures to facilitate the development of, among other things, information privacy rights with respect to the processing of personal data, and assurances of minimal restrictions on the free flow of personal data between jurisdictions. The third agreement explicitly recognizes the role that both the public and the private sectors need to play in the protection of privacy for e-commerce to flourish and settles on the Organization for Economic Cooperation and Development Guidelines on the Protection of Privacy and Transborder Flows of Personal Data as an appropriate basis for policy development.[36] None of these agreements have legal force, but they are potential indicators of future policy. On June 10, 2003, the EU's Association Agreement with Jordan went into effect during the Euro-Mediterranean "Barcelona Process."[37]

Jordan is a signatory to the United Nations Declaration of Human Rights.