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Constitutional and legal regulation of the right to confidentiality of personal data | ||
| Journal of Anbar University for Law and Political Sciences | ||
| Article 43, Volume 15, Issue: 1 part 2, June 2025, Pages 1137-1167 PDF (844.11 K) | ||
| Document Type: Research Paper | ||
| DOI: 10.37651/aujlps.2025.156610.1441 | ||
| Author | ||
| WALAA AHMED RASHID* | ||
| University of Anbar / College of Computer Science and Information Technology | ||
| Abstract | ||
| The search for the right to confidentiality of personal data at the level of domestic law requires referring to the position of the constitutions of countries, since this right derives its roots from them as a constitutional right. The constitution is the top of the hierarchy in the domestic legal system, and when the constitution stipulates a right, this means giving it special sanctity as an effective means of ensuring its protection. The constitution is the source of the text on rights and freedoms, and legislation comes to regulate their practice to be a source of guarantees for them. Within the framework of defining these guarantees, it strikes the necessary balance between respecting rights and freedoms and protecting public order and the public interest, without which the practice of these rights and freedoms cannot be guaranteed. Therefore, the constitutional judiciary played a decisive role in developing the meaning of the rights that the state must guarantee and their scope. Among the noticeable phenomena in contemporary constitutional law is the strong support for human rights. The majority of the texts of Arab constitutions agree on respecting the right to human privacy with the aim of establishing a system for social life in which human dignity is preserved, secrets are protected, and private parts are covered, ensuring the care of morals that ensure the continuity and development of life. Arab constitutions, including the permanent Iraqi constitution of 2005 and the Egyptian constitution of 2014 amended in 2019, recognize this right. | ||
| Keywords | ||
| Personal data; Privacy; Confidentiality; Digital; Legal protection | ||
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