Legal Protection of Digital Identity under Iraqi Law: A Study in Public Law

Abstract

The world is witnessing an accelerated digital transformation that has made digital identity a pivotal element in the relationship between the individual and the state, as well as one of the most significant challenges facing contemporary public law. This research addresses the legal protection of digital identity within the Iraqi legal framework from a public law perspective, employing an in-depth critical analysis of existing constitutional and legislative provisions in light of comparative experiences. The research problem stems from the absence of a comprehensive Iraqi legislative framework to address emerging technical and rights-related challenges, and the inadequacy of existing provisions—specifically the National ID Card Law No. 3 of 2016 and the Electronic Signature Law No. 78 of 2012—to accommodate the complexities of digital identity, alongside fundamental constitutional issues raised by some of these provisions. The research concludes that the success of any digital identity system in Iraq depends on sustained political will, genuine investment in infrastructure, institutional capacity building, and administrative reform, alongside a comprehensive legislative framework that aligns with the Constitution.

This research employs a descriptive-analytical approach to examine legal and constitutional texts, a comparative approach to draw upon legislative experiences in the European Union, Estonia, and Egypt, and a critical approach to evaluate legal provisions and assess their suitability for contemporary digital challenges. However, the methodology adopted here moves beyond a mere description of comparative experiences to an in-depth critical analysis that asks: why have certain models succeeded in their respective contexts while potentially proving unsuitable for Iraq? What are the institutional, economic, and social factors that explain this disparity?