Limits of International Protection of the Right to Information Privacy

Abstract

The world today is witnessing rapid development in the digital revolution of technology and communications. This development has led to the emergence of new concepts that require legal protection, among which is the concept of digital privacy. Digital privacy is considered an integral part of the right to private life, which is one of the most fundamental rights granted to individuals. This has been affirmed by international instruments, most notably the United Nations’s Universal Declaration of Human Rights issued by the General Assembly in 1948, as well as the International Covenant on Civil and Political Rights of 1966, which includes provisions consistent with those stated in the Universal Declaration of Human Rights.

In addition to numerous of other agreements, declarations, and conferences at both the international and regional levels have addressed this matter. With the advancement of digital technology, various forms of the right to digital privacy have emerged in ways that differ from the traditional elements of the right to private life, which were previously almost limited to the inviolability of the home. Consequently, new aspects have appeared, including the privacy of personal data, financial and digital health data, as well as the confidentiality of electronic communications and correspondence, among others.

Accordingly, the aim of this study is to shed light on the legal protection of this right within the framework of international agreements and Iraqi legislation. This is particularly important due to the clear and direct violations to which this right is exposed. Despite the provisions of international instruments protecting the right to private life, there remains a noticeable deficiency in certain legislations regarding the specific protection of digital privacy. There is a clear legislative gap within national legal systems, as traditional legal provisions designed to protect the right to private life in general are no longer sufficient to address the electronic violations affecting digital privacy.

Nevertheless, the judiciary has played a significant role in ensuring the protection of this right. Finally, it should be noted that this right is not absolute; rather, it is subject to certain restrictions intended to safeguard the interests of both individuals and society. These restrictions may be constitutional or criminal in nature. Most legislations, therefore, limit the abuse of this right and prohibit violations of individuals’ privacy except by judicial authorization.