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Constitutional Protection of the Right to Digital Privacy: A Comparative Study | ||
| AL-Qadisiya Journal For Law and Political Sciences | ||
| Article 20, Volume 17, Issue: 2 part 1, September 2026, Pages 429-460 PDF (682.99 K) | ||
| Document Type: Research Paper | ||
| DOI: 10.63677/jqlap.2026.175225.1698 | ||
| Author | ||
| Hashim Hussein Ali* | ||
| Kirkuk University/College of Law and Political Science | ||
| Abstract | ||
| Modern times have witnessed a rapid evolution in digital technology and artificial intelligence, bringing about a radical shift in the handling of personal data. The collection and processing of such data directly intersect with individual privacy and private lives—privacy being a fundamental right and core value that must be safeguarded, given its intrinsic link to human dignity and existence. In light of this situation and the associated risks to individual privacy, the system had to adapt and address the issue comprehensively. This required establishing frameworks to manage the balance between ensuring individual protections and utilizing artificial intelligence and technological advancements across various sectors. Consequently, both local and comparative regulatory approaches have begun to introduce provisions governing these controls and safeguarding the individual's data privacy—distinct from—and not overridden by—public security requirements regarding connectivity. Given the foregoing—and considering the novelty of the subject, the evolution in the application of intricate details, and the significance of addressing digital rights—we have focused specifically on this area. We have endeavored to elucidate the comprehensive legal provisions governing it and to examine the judicial stance on its protection within both the French and Algerian legal systems, while drawing comparisons with the Iraqi judiciary. Furthermore, we have identified strengths and pinpointed any shortcomings or failures in the existing frameworks. | ||
| Keywords | ||
| Right; Privacy; Digital Privacy; Constitutional Protection of Privacy; Constitutional Protection | ||
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