Legislative Gaps and Challenges Facing Personal Data Protection in Iraqi and Egyptian Legislation

Abstract

This research aims to analyze the adequacy of constitutional and legislative frameworks in Iraq and Egypt regarding the provision of effective legal protection for personal data. It seeks to identify key gaps and challenges facing such protection, highlight similarities and differences between the two systems, and evaluate the role of the judiciary and competent authorities in addressing legislative deficiencies and handling emerging digital violations. Additionally, the study aims to leverage the Egyptian experience to enhance the Iraqi legal framework. The research derives its significance from the contemporary nature of personal data protection and its direct link to the right to privacy, the protection of individual freedoms, and digital security. The core problem addressed is the adequacy of Iraqi and Egyptian legislation in confronting gaps and challenges arising from technological advancement, as well as their capacity to regulate the collection, processing, storage, transfer, and disclosure of personal data and to provide effective means of countering digital violations. This issue is particularly acute in Iraq due to the lack of a comprehensive, specialized legislative framework and the fragmentation of protection measures across various legal provisions; in Egypt, the challenge lies in the effectiveness of implementing specialized legislation and its ability to keep pace with rapid technological developments. The study employs a comparative approach to contrast the legal frameworks for personal data protection in Iraq and Egypt and to identify points of convergence and divergence. It also utilizes a descriptive-analytical method to examine relevant constitutional and legislative texts. The research yields several findings, most notably a clear disparity between the two systems regarding the level of legislative regulation. Iraq still requires a specialized, comprehensive legislative framework that defines the concept of personal data, the rights of data subjects, and the obligations of data controllers; in contrast, Egyptian legislation offers a more specialized and clear regulatory structure, though there remains a need to enhance enforcement and oversight mechanisms to address technological advancements. The study also revealed that while constitutional protection of privacy and communications serves as a crucial foundation in both legal systems, it is insufficient on its own to counter modern digital infringements.