The right to privacy in criminal law

Abstract

The right to privacy is considered one of the most important human rights, as it is linked to the freedoms and dignity of individuals. It is the goal of all societies throughout time to preserve and protect it from aggression and violation. The right to privacy generally means that a person can live their life without any external interference, and that their reputation, honor, dignity, residence, correspondence, and communications are secure. Privacy also requires the individual to be protected from any intrusion into their private life, the hacking of their correspondence or communications, or the publication of any confidential information about them, etc. Iraqi Civil Law No. (40) of 1951, as amended, does not stipulate rights inherent to the individual in general, nor the right to privacy in particular. However, Article (17/Paragraph 1) of the Iraqi Constitution of 2005 stipulates that "(1) Every individual has the right to personal privacy, provided that it does not conflict with the rights of others or public morals." Iraqi law also penalizes the protection of the right to privacy in its traditional form. This protection implicitly includes digital privacy used in electronic media, which the law did not grant any special criminalization or punishment. This is stipulated in Article (438) of the Iraqi Penal Code No. (111) of 1969, as amended.