The status of the right to privacy in the Iraqi legal system: challenges and solutions

Abstract

This research aims to clarify the concept of the right to privacy and its place within the Iraqi legal system, outlining the forms of protection enshrined in the constitution and applicable legislation. It also seeks to identify the most prominent legislative, judicial, and technical challenges facing the guarantee of this right, as well as to offer solutions and proposals that contribute to developing the legal framework governing it. The research's significance lies in the connection between the right to privacy and the protection of human dignity and fundamental freedoms. Furthermore, it represents a right whose importance has increased with the proliferation of modern communication technologies and the expansion of personal data collection and processing. This necessitates the provision of advanced legal protection that achieves a balance between individual rights and the requirements of security and the public interest. The research employs a descriptive-analytical approach, examining relevant Iraqi constitutional and legal texts and analyzing their effectiveness in protecting privacy. It presents the legal concepts and challenges associated with this right and utilizes a critical methodology to identify shortcomings and propose solutions. The research reached several conclusions, most notably that the 2005 Iraqi Constitution provides a significant foundation for protecting the right to privacy. However, legislative protections still require development due to the absence of a comprehensive law for the protection of personal data. Furthermore, digital advancements present a major challenge requiring legislative updates and enhanced judicial and institutional oversight. The research also emphasized the need for citizen engagement and increased legal and digital awareness to strengthen the effectiveness of privacy protection within the Iraqi legal system.