Protecting personal communications in accordance with criminal and administrative law
- Author:
- Amer Qasim Yas Khezer Al-davoodi
- Level:
- Master
- Field of study:
- Law
- Language:
- Arabic
- Faculty:
- Faculty of Law
- Year:
- 2021
- Publisher:
- URD Press
- Supervisor(s):
- Mahmood Mirkhalili
I have dealt with the study of protecting personal communications in accordance with criminal and administrative law. Personal communication means every contact made by a person related to his private life, and modern life has been characterized by great and rapid leaps of technology in various fields in general and in the field of audiovisual devices in a special class, and this has a great impact on the human right to confidentiality of personal communication, whether positive or negative. He added to the right from the risks of attacking it, whether by the authority or the public (individuals) using modern devices that are difficult to discover or resist and spread in various countries of the world to the extent that it was called in the United States of America in the name of the electronic epidemic and is embodied in that development in the use of small-sized devices on the Familiar shapes that a person uses in his normal day, such as ballpoint pens, cufflinks, etc. It did not stop at this point, but also included the electronic chatbot devices, as this is done by placing a (inductive) file being wired between the line to be monitored and the main central center.
As for correspondence, it is easy to open letters by the postal employee or courier, and thus it made easy for the paradises to hide and it became difficult to discover them, which led to the spread of spying on private life and every person or every person feared for himself that his private life would be penetrated and exposed, and in order to address these problems as The state has created the right to punishment and the required authorization of the authority to take the necessary measures to enable it to perform its duties, through which it is possible to preserve the freedoms of individuals guaranteed to them by the divine laws, international covenants and internal legislation, which this image shows of a conflict between two fundamental interests. The interest of society in uncovering crimes, apprehending and punishing the perpetrators, and the interest of individuals in maintaining their individual freedoms and enabling them to keep their private lives secret.
Consequently, we say that the criminal law is not limited to protecting individual freedoms, but rather extends to protect the rights of society at the same time, as long as the task of the criminal law is to maintain both private and public interests if it is found in general terms not to give priority to one of them over the other and based on that, we do not support the opinion that it is necessary Ensuring the protection of the freedoms of individuals, even if they are against the interest of society, and that with a direction it would be better for a hundred criminals to escape if one innocent is found guilty. Therefore, this trend is very dangerous for individuals’ freedoms.