القيود الدستورية والجزائية على الحق في الخصوصية وفق احكام دستور جمهورية العراق لسنة 2005

Abstract

Abstract:Right to privacy is of different kinds, such as the physical privacy, which is related to the protection of individuals against any procedures that violates the physical aspects of their bodies as genes test. There is also the protection of communication, which refers to the individuals' right to confidentiality and privacy of telecommunications via phone, post, and email. Moreover, there is the spatial privacy represented in the residence sacredness or that, which is related to the rules that govern inspection, electronic monitoring, ID authentication whether the individual is at work or public places. Additionally, there is the information privacy, which means that the individuals have the right that their data, on PCs and internet, are not disclosed to others. These rights are sometimes restricted from both the criminal and constitutional sides. In addition, this is the core of our study. The restriction of this right can be done through explaining the reasons that justify that, like maintaining national security or public manners and morals. Therefore, the constitutional legislator often transfer these restrictions to the general legislator to organize them. For the interest of the community, sometimes it is inevitable that man's right to life is characterized by some restrictions, which the achievement of justice and the speed of revealing a crime require. Accordingly, the state has the right to authorize the investigation agencies to use some procedures that are against privacy, like breaking into and inspecting houses, controlling correspondences, or monitoring communications within legal frameworks determined by the law.