Constitutional and legal guarantees for citizens' digital rights

Abstract

Abstract: The study highlights that the rapid digital transformation necessitates legal safeguards for protecting digital rights. Although the Iraqi Constitution of 2005 does not explicitly mention "digital rights," several articles—such as 17, 38, and 40—implicitly support them. However, the current legal framework falls short in addressing privacy and data protection. Existing laws are limited in scope, and regulatory bodies like the Communications and Media Commission need to strengthen their role in safeguarding user rights. The study recommends enacting comprehensive data protection laws and amending proposed cybercrime laws to preserve digital freedom of expression. It emphasizes that digital surveillance must be legally regulated to ensure a proper balance between national security and individual rights..