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The Right to Digital Oblivion, with Special Reference to Iraqi Law

  • Khalid Alzubaidi,
  • Bassam Abu Irmilah,
  • Mahfuz

摘要

The right to digital oblivion is one of the rights that have emerged with the advent and spread of the Internet. Its recognition has been a matter of controversy in jurisprudence and the judiciary. In terms of legislation, the European Union was the first to recognize it, followed by the French law, and then the laws of other countries, and due to the lack of explicit legal text recognizing and regulating this right in a way that provides an important legal guarantee for individuals, we have chosen this topic as the subject of research. Where we concluded that it is necessary to recognize it as an independent right, and we called on the Iraqi legislator to organize it in an explicit legal texts that balances between the right of the individual to enter what is unwanted from his data into digital oblivion on the one hand, guaranteeing the right to expression and access to information on the other hand, and ensuring his civil, administrative and penal protection.