Legal protection of digital identity: A comparative analytical study

Abstract

The new reality has created fundamental legal challenges, foremost among them the issue of digital identity. It has emerged as a technical and legal means of distinguishing individuals and determining their positions in the virtual world. However, this identity may be separated from the real identity of the natural person, and the individual may conduct their digital activity with data that may not reflect their actual civil status. This has raised critical questions about the validity and credibility of this identity when determining rights and obligations. This phenomenon has led to the adoption of the concept of the "digital person," as a self-contained virtual entity.

The importance of this research lies in its endeavor to develop a comparative analytical vision, based on comparative jurisprudence and legislation, with a particular focus on Iraqi civil law. This vision aims to establish an integrated framework for the legal protection of digital identity. The research adopts a comparative analytical approach, based on studying civil rules in Iraq and comparing them with advanced international experiences, particularly the European and American models, with the aim of identifying shortcomings and proposing appropriate solutions. To achieve this, the research is based on three fundamental, interconnected objectives.