Digital Privacy, Its Violations and Consequences A Comparative Legal Study

Abstract

Abstract

The right to privacy has become one of the fundamental rights directly affected by the rapid development of information and communication technologies. The widespread use of the Internet, smartphones, social media platforms, and modern communication applications has facilitated communication and information exchange; however, at the same time, it has created new forms of intrusion into private life, such as eavesdropping, recording and photographing without consent, hacking, publishing personal data, photographs, and correspondence, as well as defamation and manipulation of personal information.

This study examines digital privacy, its violations, and their consequences through modern communication media from a comparative legal perspective, with particular emphasis on the legal concept of privacy, its scope, manifestations of infringement, and the civil and criminal liability arising from such violations. The study also addresses the position of Iraqi legislation and the legislation of the Kurdistan Region. It demonstrates that although constitutional protection of privacy exists, it is insufficient on its own to address the constantly evolving forms of electronic violations.

The study concludes that it is essential to strike a balance between protecting private life and the requirements of security and public order. Any monitoring or interception of communications should be carried out within a clear legal framework and subject to judicial oversight. The study further emphasizes the need to address legislative gaps by establishing more detailed regulations for the protection of personal data, correspondence, photographs, and personal information, as well as updating substantive and procedural criminal provisions in a manner that keeps pace with technological developments