Constitutional Protection of Digital Privacy "A Comparative Constitutional Study"

Abstract

Digital privacy is considered one of the newly emerging constitutional rights that has arisen as a result of the technological revolution, where the digital environment has introduced unprecedented challenges, particularly in terms of data collection and electronic surveillance. This research focuses on examining the constitutional foundations of this right, highlighting the aspects of protection and judicial oversight provided for in the constitutions of Iraq, Egypt, and France. The significance of the study lies in addressing a vital issue that directly affects the fundamental rights and freedoms of individuals in the digital age, while seeking to assess the adequacy of constitutional provisions in confronting modern technological challenges. The research aims to analyze the different constitutional frameworks, identify shortcomings in implementation, and conduct a comparative study of constitutional systems to reveal both similarities and differences. It also raises critical questions regarding the balance between national security requirements and the protection of digital privacy, and explores the legal and practical challenges arising from the cross-border nature of the digital environment. Through a review of previous studies, the research demonstrates that digital privacy has become a central point of legal and jurisprudential debate, necessitating the development of an effective constitutional protection framework.