Limits of authority and judicial oversight in the use of surveillance technologies in Iraqi and Emirati law

Abstract

This research examines the legal framework governing the use of digital surveillance technologies in both Iraq and the United Arab Emirates, with a particular focus on the challenge of balancing security requirements with the protection of fundamental rights and freedoms. The study is based on the assumption that rapid technological advancements—especially smart surveillance tools, big data analytics, identification technologies, and artificial intelligence algorithms—often outpace legislative regulation. This gap expands the discretionary powers granted to administrative and security authorities while weakening the clarity and effectiveness of legal constraints intended to regulate such practices.

Within the Iraqi context, the study highlights the fragmentation of relevant legal provisions and the absence of a comprehensive legislative framework specifically regulating digital surveillance. In addition, overlapping institutional competencies raise questions regarding legality standards, limits of legal authorization, principles of necessity and proportionality, and mechanisms of accountability. These challenges directly affect the effectiveness of judicial oversight, both in terms of the difficulty of subjecting certain surveillance measures to judicial review and the lack of procedural safeguards ensuring transparency and access to effective remedies.

In contrast, while the United Arab Emirates demonstrates relatively advanced legislative development in the field of digital security, the expansion of powers granted to competent authorities in addressing digital risks raises concerns about the adequacy of judicial and regulatory safeguards, as well as the limits of judicial intervention when assessing security interests and their compatibility with fundamental rights protections.

The research adopts an analytical methodology to examine constitutional and legislative texts in both jurisdictions, alongside a comparative approach to identify similarities and differences and evaluate the effectiveness of judicial mechanisms. A descriptive and critical perspective is also employed to assess practical implementation. The study ultimately aims to propose a balanced legal framework that strengthens judicial oversight over digital surveillance practices, ensuring an appropriate balance between societal security and the protection of individual rights in the digital age.