The Concept of Online Privacy and Personal Data Protection in Iraq: A Way Forward

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Bareq Muntadher Abdul Wahhab et al.


The growing daily data transmission has exposed individuals to personal data breach and affected their rights to enjoy data privacy and protection online. Although the phenomenon has inspired Iraqi legislators to propose the Information Technology Crimes Bill in 2011, expected to be passed in 2020, inadequate online privacy and data protection awareness in Iraq has prevented the passing of the Bill and created uncertainty on the country’s personal data protection. It is vital to understand Iraq’s position on data protection to define it as well as online privacy. Hence, the study aims to analyze the sufficiency of personal data protection under existing Iraqi laws to provide such protection and construe definitions of several essential terms. The study employed a doctrinal research methodology which is generally referred to as a library research study. The approach involved analysing the Iraqi Constitution, Iraqi Civil Code 1951, Iraqi Penal Code No. 111 of 1969, academic journals, books, and online databases. The study also highlighted relevant provisions under the Information Technology Crimes Bill and other existing laws connected to data protection under the Iraqi legal system. Resultantly, it was revealed that certain definitions are needed to improve the protection of online privacy and data protection under existing Iraqi laws. In this context, the current study proposed to amend existing laws.

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