Introduction
The right to privacy is no longer limited to the sanctity of the home or traditional written correspondence; it has expanded to include the “digital identity.” Personal data (such as name, location, medical records, and shopping preferences) has become a valuable raw material exploited for commercial purposes, which necessitates legislative intervention to protect it.
First: Basic Principles of Data Protection
Most modern laws (such as the European GDPR and similar Arab legislation) are based on several fundamental principles:
• Purpose limitation principle: Data may only be collected for a specified and previously disclosed purpose.
• Data minimization principle: Only the data necessary to achieve the intended purpose should be collected.
• Explicit consent principle: The user must give clear and explicit consent, and silence is not considered an indication of legal approval.
Second: Data Subject Rights
Individuals have the right to control their personal data through:
• Right of access: Knowing what information companies hold about them.
• Right to be forgotten (erasure): Requesting permanent deletion of personal data when there is no legal justification for retaining it.
• Right to rectification: Correcting inaccurate or outdated data.
Third: Penalties and Compensation
Modern legislation imposes heavy fines that may reach in some systems up to 4% of the company’s global annual revenue for violations. It also guarantees the right of affected individuals to claim civil compensation for moral and material damages resulting from misuse of their personal data.
References
Legislative Sources:
• General Data Protection Regulation (GDPR) – European Union.
• Saudi Personal Data Protection Law (2021/2023).
• Egyptian Personal Data Protection Law No. 151 of 2020.
Academic Works:
• Mohamed El-Saeed Rashdy, Legal Protection of Privacy in the Face of Information Technology, Dar Al-Nahda Al-Arabia.
• Hassan Gomaei, Protection of Personal Data Online, Dar Al-Fikr Al-Arabi.
International Organizations:
• United Nations Conference on Trade and Development (UNCTAD) reports on data protection and privacy laws worldwide.
Zaid Fadhil
Al-Mustaqbal University
The First University in Iraq