المسؤولية المدنية الناشئة عن إتلاف المستندات الإلكترونية ( دراسةٌ مقارنة )

Civil Liability for the Destruction of Electronic Documents "A Comparative Study"

The use of electronic computers in various fields of life has become an important part of the requirements of contemporary life, and its users have increased in recent years, so that dispensing with the computer is almost impossible, but the use of computers, especially in light of the Internet, is not without negative effects represented in the acts of destruction, sabotage and disruption. Electronic data and programs are erased, distorted or disabled computer data stored in primary or secondary storage devices or even damage to the physical parts of the computer, which causes harm to the user’s person in a way that justifies his claim for compensation, which is recognized by some legislation in the while still Other legislations did not stipulate the person’s responsibility for acts of electronic destruction.
It is self-evident that everyone who owns or uses a computer faces many daily problems, the most important of which is the infiltration of the virus into the computer and the resulting many damages, as viruses have recently caused damage and many problems for many Computer users, and the main concern of most computer users is how to secure the computer system against the virus and how to eliminate it and compensate for its harmful effects in case of infection. The matter does not stop at this point, but may extend to the malfunction of some physical parts of the computer, such as the disruption of the unit Storage or memory unit and other parts of the computer, and the matter may get worse in cases where electronic damage leads to damage or malfunction of computer network systems linked to each other and the consequent damages, especially if that network is necessary to provide certain services to individuals, the suspension of those networks As a result of acts of electronic destruction, this leads to the disruption of the provision of services and the damage that may be caused to the company or institution provided and the individuals benefiting from it.
The importance of the topic lies in shedding light on the modern scientific and technological developments that accompanied the information and communication revolution and reached its climax that transcended the limits of imagination, making the world a small sprawling village, between which time barriers fell. place, language, and this tremendous technical development made the needs unlimited and the desire to obtain rights urgent and immediate, and the litigant and judge would not have been satisfied with not having a share of this increasing technological development, especially after the emergence of e-commerce and e-government.
Iraqi legislation on the one hand, and Egyptian legislation on the other, They are the Iraqi Electronic Signature and Electronic Transactions Law No. (78) for the year 2012, the Electronic Signature Regulation Law and the establishment of the Egyptian Information Technology Development Authority No. (15) for the year 2004 for the purpose of identifying the legal organization of the electronic document and its impact on the civil law and the legal authority it granted He has the Iraqi legislation and comparative legislation. Then we divided the study into two chapters. We allocated the first chapter and its title is the concept of electronic documents. In the second chapter, we deal with the provisions of destroying electronic documents, and we conclude the study with a conclusion with the findings and recommendations it presents.