Constitutional Foundations of Digital Transformation - A Comparative Study

Abstract

The digital transformation witnessed globally in recent years has led to a significant shift in how individuals interact with state institutions of all types and forms. This necessitates the availability of important constitutional foundations to safeguard this transformation, as these foundations guarantee its legal protection, especially given the importance of this legal matter.

Upon examining the 2005 Iraqi Constitution, we find that it does not explicitly address digital transformation within the framework of managing rights and freedoms, or other related matters. Instead, it is mentioned implicitly. This contrasts with the 2014 Egyptian Constitution, as amended in 2019, which is more explicit and refers to the move towards digital transformation to protect citizens' personal data, as stated in Article 68. The central problem addressed in our current study is the gap between the rapid technological advancements the world is witnessing in the field of digital transformation and the legal framework governing human rights and freedoms. Despite the abundance of legislation protecting human rights, the absence or inadequacy of laws regulating digital transformation in this area creates a significant challenge. We adopted a fundamental analytical approach to examine the role of constitutional foundations in digital transformation, taking into account jurisprudential positions and Iraqi legislation, and comparing them with legislation in other countries, particularly Egyptian legislation.