Civil protection of the human right to information silence

Abstract

This research addresses the topic of the right to informational silence as one of the modern legal concepts that emerged as a result of the tremendous technological development in the field of data and personal information collection. It aims to clarify the conceptual and legal framework of this right, with a particular focus on its civil protection under the provisions of the Iraqi Civil Code. The study is based on the premise that informational silence constitutes a natural extension of the right to privacy, expressing an individual’s freedom to refrain from disclosing personal data without coercion or pressure, as this represents an aspect of human dignity and freedom of will. The study demonstrates that, although Iraqi civil legislation lacks explicit provisions addressing this right, it nonetheless contains general principles that can serve as a legal basis for its protection—particularly through the rules of tort liability and the provisions governing compensation