Key technological challenges in protecting personal data under Iraqi, Iranian, and European law

Abstract

This study addresses the contemporary technological challenges facing the protection of personal data in the digital age, focusing on a comparative analysis of the legal systems of Iraq, Iran, and the European Union. The research is significant because personal data has become a "vital asset" requiring special legal protection that goes beyond traditional texts to bridge the legislative gap resulting from the rapid advancement of big data processing technologies. The study reviews privacy-enhancing tools such as end-to-end encryption, privacy-enhanced computing (PEC) techniques, and data loss prevention (DLP) strategies, considering them the first line of defense in the digital environment. It also analyzes the risks arising from Internet of Things (IoT) technologies, such as the lack of encryption and malware, as well as the challenges of artificial intelligence related to the accuracy of big data analysis and ensuring transparency. The comparison reveals the pioneering role of the European model (GDPR) in imposing strict standards of accountability and explicit consent, while Iraq and Iran rely on scattered texts or general civil liability rules to address violations. The study concludes that the Iraqi judiciary, despite the absence of a specialized law, has attempted to fill the gap by relying on Article 204 of the Civil Code to compensate for damages resulting from digital violations. The study recommends the need to expedite the enactment of comprehensive national laws that adopt the principle of "privacy from design" and keep pace with global cyber developments to enhance trust in electronic transactions..