Digital Privacy Between Legal Protection and the Risks of Smart Bots

Dr. Ahmed Fares Idris
University of Mosul – College of Law

Introduction:

Personal data is among the rights inherent to the human being, and includes any information that serves to identify one’s identity, such as names, addresses, telephone numbers, and biometric data. This data has become vulnerable to unlawful exploitation through technological tools such as bots, necessitating strict legal protection.

First: The Legal Nature of Data Breach:

Any entity or program (bot) collecting or publishing individuals’ data without their consent constitutes a clear violation of the right to privacy, and may amount to a cybercrime. This includes:

1. The crime of unlawful access to information systems.

2. The crime of publishing or leaking personal data.

3. The crime of misuse of means of communication.

These acts are criminalized in many legal systems, whether within cybercrime laws or data protection laws.

Second: Legal Responsibility:

Responsibility in such cases is distributed among several parties:

1. Bot Operator: If it is proven that he intentionally collected or published the data.

2. User: If he used the bot knowing its unlawful nature.

3. Hosting Platform: If it fails to remove the content or prevent the unlawful activity.

Third: Legal and Social Implications:

Data leakage results in serious harm, including:

1. Violation of individual privacy.

2. Threat to personal and family security.

3. Possibility of electronic blackmail or fraud.

4. Undermining trust in digital institutions.

Fourth: Means of Protection and Remedy:

To confront these risks, it is necessary to:

1. Activate legislation concerning data protection.

2. Impose stricter penalties for cybercrimes.

3. Raise user awareness not to interact with suspicious applications.

4. Report any unlawful activity to the competent authorities.

Conclusion:

What this article reflects is not merely a technical warning, but a legal alert about the necessity of strengthening the digital protection system. Data protection is no longer an option, but rather a legal and ethical obligation that imposes on states and individuals to work together to reduce these violations and ensure a safe digital environment.

Sources:

1. International Covenant on Civil and Political Rights, 1966.

2. Budapest Convention on Cybercrime, 2001.

3. United Nations, Reports on the Right to Privacy in the Digital Age.

4. Egyptian Cybercrime Law No. 175 of 2018.

5. Iraqi Penal Code No. 111 of 1969 (as amended).

6. European Union General Data Protection Regulation (GDPR), 2016.