Digital evidence and its relation to the violation of the right to information privacy during the proof of the crime

Al-Hamdani, Maysoun Khalaf

doi:10.37651/aujlps.2025.159041.1493

	Digital evidence and its relation to the violation of the right to information privacy during the proof of the crime
Journal of Anbar University for Law and Political Sciences
Article 27, Volume 15, Issue: 1 part 2, June 2025, Pages 730-773 PDF (795.05 K)
Document Type: Research Paper
DOI: 10.37651/aujlps.2025.159041.1493
Author
Maysoun Khalaf Al-Hamdani^*
College of Law, University of Nahrain
Abstract
Evidence in courts and criminal cases is of great importance in issuing verdicts (innocence or conviction). There is no doubt that the development of technology and information in the modern era has necessitated the development of evidence methods and the expansion of access to documents proving the innocence or guilt of defendants by various means. This expansion and development in access to evidence, including digital evidence, has led to suspicions of violations of individuals' right to information privacy, which is often guaranteed by constitutions and laws. What we mean by digital forensic evidence is information accepted by logic and reason and approved by science. It is obtained through legal and scientific procedures by translating mathematical data stored on computers, their peripherals, and communication networks. It can be used at any stage of investigation and trial to prove an act, thing, or person related to a crime, or a perpetrator or victim. There is no doubt that investigating and examining any individual's digital information will result in a violation of their privacy. Before conducting privacy investigations, permission must be obtained from the competent judicial authorities to avoid criminal liability that may result from violating an individual's right to information privacy.
Keywords
Digital evidence; right to information privacy; proof of crime

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