حـق الـخـصـوصـيـة فـي مـواجـهـة الـذكـاء الاصـطـناعـي في الـعـراق (دراسة دستورية مقارنة)

Rp-The Right to Privacy in the Face of Artificial Intelligence in Iraq (A Comparative Constitutional Study).pdf

Privacy is seen as one of the fundamental human values intrinsically connected to human existence and dignity since antiquity. The right to privacy has evolved alongside societal changes and has manifested in diverse laws and cultures globally. This right is intricately linked to personal identity, varying in significance and limits among individuals and cultures. Although artificial intelligence (AI) has become a significant aspect of the modern digital revolution, demonstrating substantial advancements in data processing, decision-making, and experiential learning, it is crucial to recognise that, despite artificial intelligence’s imitation of certain facets of human intelligence, it does not correspond to human consciousness and is devoid of volition or moral awareness. The essence of artificial intelligence lies in data analysis, especially of personal data, rendering the right to privacy one of the most susceptible rights to infringement in this context.

Numerous threats to human privacy rights posed by artificial intelligence have arisen, particularly the swift utilisation of artificial intelligence in personal data analysis, which constitutes a significant risk to individual privacy and the integrity of private lives. This is especially concerning when data is collected and employed for purposes that diverge from legal and ethical standards, often without the knowledge or consent of the individuals involved. Moreover, certain artificial intelligence technologies have, at times, intruded into individuals’ electronic communications, storing or analysing their content, thereby infringing upon the sanctity of correspondence. Moreover, data theft is no longer perpetrated by individuals but is executed through sophisticated software capable of gathering, processing, and exploiting data. Moreover, artificial intelligence has emerged as a mechanism occasionally employed to damage persons reputations and compromise their dignity and social standing through the manipulation of digital content. It is also employed in fraud and deception by precisely mimicking voices or faces, presenting a considerable risk to individuals’ privacy in the digital realm.

In response to threats against the right to privacy, legal systems in multiple countries, including those under examination, have initiated the development of legal frameworks governing the utilisation of artificial intelligence applications and their users, while imposing punitive measures designed to safeguard the right to privacy from artificial intelligence infringements. In Iraq, legal initiatives in this domain are significantly constrained, revealing a legislative void that the Iraqi legislature and pertinent authorities must rectify, since it directly pertains to a fundamental human right. At the international level, agreements and conferences have increasingly emphasised the protection of privacy rights due to advancements in the digital era; yet, further efforts in this domain remain necessary