Criminal Protection of Personal Data against Cybercrime “A Comparative Analytical Study”
Keywords:
Personal Data, Cybercrime, Criminal Protection, Digital Privacy, Information SecurityAbstract
In the digital age, personal data has become one of the most significant legal interests deserving protection due to the rapid development of electronic communication technologies and the widespread reliance on digital systems and artificial intelligence in the management and exchange of information. This has given rise to new types of cybercrime against personal data, such as cyber-hacking and unauthorized disclosure of personal data, as well as its unlawful exploitation, which has made it necessary to create efficient legal measures to ensure the privacy and security of information of individuals in the modern world. The purpose of this study is to analyze the concept of criminal protection of personal data, legal bases of such protection and types of cybercrime against personal data. It examines the stance taken by Iraqi and Egyptian legislations, as well as other selected comparative legislations, and uncovers the gaps in the legislation and suggests ways to improve the criminal protection in the digital era. The research method used in this study is comparative analytical by examining the statutory provisions, conventions and doctrine trends in practice today. The study shows that traditional legislation alone is not enough to cope with new cybercrimes; it is necessary to create a digital criminal policy and update evidence, punishment and also international cooperation mechanisms.
References
H. E.-D. K. Al-Ahwani, The Right to Respect for Private Life. Cairo, Egypt: Dar Al-Nahda Al-Arabia, 2017.
M. S. Al-Sharqawi, Information Technology Crimes. Alexandria, Egypt: Dar Al-Jami‘a Al-Jadida, 2021.
Council of Europe, European Convention on Human Rights (Art. 8). Strasbourg, France: Council of Europe, 1950.
Council of Europe, Convention on Cybercrime (Budapest Convention). Budapest, Hungary: Council of Europe, 2001.
P. De Hert and V. Papakonstantinou, Data Protection and Privacy. Cambridge, U.K.: Intersentia, 2020.
Egypt, Personal Data Protection Law No. 151 of 2020. Cairo, Egypt: Official Gazette, 2020.
European Union, General Data Protection Regulation (Regulation (EU) 2016/679). Brussels, Belgium: European Union, 2016.
A. F. B. Hijazi, Criminal Protection of Electronic Commerce. Alexandria, Egypt: Dar Al-Fikr Al-Jami‘i, 2018.
C. Kuner, Transborder Data Flows and Data Privacy Law. Oxford, U.K.: Oxford University Press, 2019.
M. H. Mansour, Electronic Liability. Alexandria, Egypt: Mansha’at Al-Ma‘arif, 2019.
D. J. Solove, Understanding Privacy. Cambridge, MA, USA: Harvard University Press, 2021.
United Nations, Universal Declaration of Human Rights. New York, NY, USA: United Nations, 1948.
Organisation for Economic Co-operation and Development (OECD), Report on the Implementation of the OECD Privacy Guidelines, OECD Digital Economy Papers, no. 361. Paris, France: OECD Publishing, 2023.
Organisation for Economic Co-operation and Development (OECD), Explanatory Memoranda of the OECD Privacy Guidelines, OECD Digital Economy Papers, no. 360. Paris, France: OECD Publishing, 2023.
D. W. Archer et al., “UN Handbook on Privacy-Preserving Computation Techniques,” arXiv preprint arXiv:2301.06167, 2023.
