Constitutional Guarantees for the Protection of Personal Data in Iraq in Light of Digital Transformation

Abstract

The digital transformation the world has witnessed in recent decades has led to a qualitative shift in how individuals and institutions handle personal data. This data is now collected, stored, and processed using sophisticated electronic means, making it more easily accessible and manageable than ever before. In light of this significant expansion in the use of technology and artificial intelligence applications, the urgent need has arisen for legal and constitutional frameworks that guarantee the protection of this data, considering it an extension of an individual's private life and therefore deserving of legal and rights-based protection equivalent to that granted to fundamental rights.

It is worth noting that the issue of personal data protection is a relatively new legal matter in the Iraqi legal environment. The Iraqi legislature addressed it only relatively late in regulating this issue, in addition to the absence of explicit constitutional provisions enshrining this right among fundamental rights and freedoms.

In contrast, the Egyptian Constitution explicitly recognized, in Article (68) of the 2014 Constitution, the right of citizens to the protection of their personal data. Furthermore, a law dedicated to the protection of personal data was issued in 2020, which represents progress in establishing this right at both the constitutional and legislative levels. The English legal system, however, is distinguished as one of the oldest and strongest legal systems to address this issue, offering advanced protection for personal data through laws such as the UK GDPR and the Personal Data Protection Act 2018.