The historical development of civil liability arising from violations of personal rights by smart platforms: A comparative study between Iraqi, Jordanian, and Iranian law.

Abstract

The global communications network (the Internet) has paved the way for a new type of dispute, pursued for the same traditional objectives but with more complex and far-reaching methods, sometimes making it difficult to recognize the act or identify the perpetrator. With the evolution of the concept, manifestations, and methods of cyberattacks brought about by modern technologies, it has become essential to examine the most significant forms of cyber violations that can constitute disputes via technological communication channels. ,This research aims to study and analyze forms of electronic violations of personal rights and the historical development of civil liability resulting from them, focusing on civil legislation in Iraq, Jordan, and Iran. The research indicates the difficulty of identifying violations committed via electronic media due to the complexity of technical procedures, perpetrators' reliance on anonymous email addresses, and poor reporting. The most prominent forms of violations include infringement of personal data, such as eavesdropping, recording, electronic surveillance, and the unauthorized publication of images and private data. The research also demonstrates that comparative civil legislation unanimously agrees that every unlawful act results in harm requiring compensation. The analysis reveals the lack of comprehensive and updated legislation for the protection of personal data in Iraqi law, creating a legal gap. In contrast, Jordanian Law No. 24 of 2023 on the Protection of Personal Data establishes a comprehensive framework that regulates the collection and processing of data and guarantees the rights of individuals. Historically, civil liability has evolved from the system of individual retaliation in primitive times to the system of compensation (blood money) in Islamic jurisprudence, leading to modern legislation that has expanded the scope of liability to include digital harms based on the principle of fault and harm. The study emphasizes the need to adapt legislation to address digital challenges and enhance cybersecurity to protect personal rights in the electronic environment.