Abstract
This study deals with the issue of criminal protection of privacy in the Jordanian Cybercrime Law No. 27 of 2015, as the great developments in computer technologies and the widespread use of the Internet have led to the emergence of new forms of electronic crimes related to the protection of the privacy of individuals. The study indicated that the Jordanian legislator did not include in the Jordanian Constitution or in the Cybercrime Law any definition of the right to privacy that delineates its boundaries and clarifies its features. The study concluded that the Cybercrime Law was ambiguous in some of its articles, especially those related to the protection of the right to privacy. The Jordanian legislator did not include special provisions that explicitly criminalize assault on privacy, as it included provisions for other crimes that include assault on this right, which made it lose clarity, precision and accuracy of wording. Moreover, such provisions omitted other forms of electronic crimes related to the right to privacy, which constituted a legislative deficiency. The study concludes that there is a need to amend the Cybercrime Law No. 27 of 2017 and to have explicit provisions that stipulate the criminalization of assault on privacy, as well as the need to issue a special law to protect the personal information of individuals.
Highlights
The right to privacy is one of the most important human rights stipulated in international human rights legislation and one of the constitutional rights inherent to a natural person for his human character
This study deals with the issue of criminal protection of privacy in the Jordanian Cybercrime Law No 27 of 2015, as the great developments in computer technologies and the widespread use of the Internet have led to the emergence of new forms of electronic crimes related to the protection of the privacy of individuals
Study Objectives: This study aims to clarify the nature of privacy and the development of its concept, highlight the most important forms of assault on privacy in the digital environment, and identify the features of the criminalizing and punitive policy of the Jordanian Cybercrime Law in confronting the assault on privacy through modern electronic means, in order to highlight the extent of adequacy of the criminal protection of privacy in the Jordanian Cybercrime Law No 27 of 2015
Summary
The right to privacy is one of the most important human rights stipulated in international human rights legislation and one of the constitutional rights inherent to a natural person for his human character. It is a basic principle in every democratic society. If the traditional provisions are sufficient to a large extent to protect the privacy of individuals in the face of the attacks that affect them by traditional means, they are not sufficient in facing this assault on the private lives of individuals in the digital environment, which required legislative intervention to enact laws to confront the new crimes that target information systems. This study will depend on the comparative approach in some parts to demonstrate the strengths and weaknesses in Jordanian legislation
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