CYBERSPACE AND CRIMINAL PROTECTION OF PRIVACY IN THE JORDANIAN LEGISLATION UNDER THE CORONA PANDEMIC

Amal Abdallah Abuanzeh University of Jordan, Queen Rania St, Amman, Correspondence email: a.abuanzeh@ju.edu.jo

Abstract

The importance of the study is to demonstrate the criminal protection of personal data for individuals in general and patients in particular, and it aimed to demonstrate the adequacy of Jordanian legislation and comparing to provide legal protection of the individuals’ personal data, especially patients, in light of the Corona pandemic. The study also aims to illustrate the balance between two rights; the right of privacy for individuals’ data, especially patients infected with the Corona virus and the right of authorized parties to access this data in order to limit the spread of this virus. In order to achieve the study objectives, it discussed the nature of the concepts of privacy and personal data, and indicated the legislative treatments of the patients’ data, whether it was through the general criminal law, or through laws related to informatics, through medical charters, or even through the legislation related to the pandemic and to explain how these concepts contributed to the criminal protection of patients’ data. The study combined the analytical and comparative approach, and it concluded that the current legislation is not sufficient to protect a right worthy of legal protection, which is the right of privacy in personal data. The privacy of personal data has been exposed to many violations in the light of cyberspace, which requires legislators to hurry to issue special laws that surround personal data with a fence of criminal protection.

Keywords:

:

:

Full Text:

PDF


References


References: The Holy Quran Constitutions, laws and regulations: 1. Defense Order No. (8) for the year 2020 issued in accordance with the provisions of Defense Law No. (13) for the year 1992. 2. HIPAA-Health Information Privacy. 3. Jordanian Cybercrime Law No. (27) of 2015. 4. Jordanian Penal Code No. 16 of 1960 and its amendments. 5. Jordanian Telecommunications Law No. 13 of 1995 and its amendments. 6. The Jordanian Constitution of 1952. Universal declarations and conventions on human rights: 1. A report by the National Center for Human Rights published on Joe24 website on May 5th 2021. 2. A report by the National Center for Human Rights published on Joe 24 website on May 5th 2021. 3. The European Convention on Human Rights, adopted in 1950. 4. Universal Declaration of Human Rights adopted by the United Nations General Assembly in 1948. Court decisions: 1. Resolution No. 2020/272. Books: 1. Abdullah, A., (2007). Information and Internet crimes and cyber crimes, a comparative study in the legal system to combat information and Internet crimes with reference to the efforts to combat internationally and locally. (3rd edition)Al-Halabi human rights publications. Beirut, Lebanon. 2. Access Now, Lessons from the European Union's Personal Data Protection Law. 3. Ahmad. (2020). The Evolution of the Concept of Protecting the Right to Privacy. Journal of Law and Society, Volume 8, No. 1. 4. Al Abbadi, M. (2015). New crimes in the light of globalization. (1st edition). Amman, 5. Al Heeti, M. (2006). Computer crimes, an analytical study. (1st edition). Curriculum House for Publishing and Distribution, Jordan. 6. Al Hsenawi, A. (2009). Computer and Internet crimes. Al-Yazuri Scientific Publishing and Distribution House. Amman, Jordan. 7. Al Malt, A. (2005). Information crimes, a comparative study. Arab Thought House - Cairo – Egypt. 8. Al Manaseh, O., Al Zoubi, J. (2017). Electronic Information Systems Technology Crimes. (3rd edition). Culture House for Publishing and Distribution. Amman, Jordan. 9. Al Mashaykhi, N., (2020) Constitutional regulation of the right to privacy and its judicial guarantees. (1st edition). Arab Center for Publishing and Distribution. 10. Al Momani, N. (2010). Information Crimes, House of Culture for Publishing and Distribution. (2nd edition) Jordan. 11. Al Okoum, W. (2004). The concept and phenomenon of information crime, law, computers and the Internet. United Arab Emirates University. 12. Al Shahawi, M. (2010). Criminal protection for the sanctity of private life in the face of the press, Dar Al-Nahda Al-Arabiya. Cairo, Egypt. 13. Al Srour, T. (1991). Criminal protection of individual secrets in the face of publishing. Dar Al-Nahda Al-Arabiya, Egypt. 14. Al Zghayyar, H. (2005). New global issues in the field of intellectual property, the League of Arab States. Cairo. 15. Al-Jubouri, S., Legal Protection of Internet Information, Al-Halabi Human Rights Publications. 16. Ayoub, J. (2009). Legal protection of personal life in the field of informatics. Al-Halabi human rights publications. Beirut, Lebanon. 17. Bahar, M. Protection of Private Life in Criminal Law. Arab Renaissance House. Cairo. 18. Dawood, H. (2000). Information Systems Crimes, Naif Arab Academy for Security Sciences. (1st edition). Saudi Arabia. 19. Fikri. A. Information crimes, a comparative study in Arab and foreign legislation. (1stedition). Law and Economics Library. Al Riyadh. 20. Hijazi, A. (2006). Combating computer and internet crimes in the Arab model law, an in-depth study in information law. (1st edition). University Thought House, Alexandria. 21. Hijazi, A. (2007). Criminal Evidence in Computer and Internet Crimes. Legal Books House. Cairo, Egypt. 22. Hijazi, A. (2009). Computer and Internet crimes in Arab legislation, Dar Al-Nahda Al-Arabiya, Egypt. 23. Hussein, J. (2011). Inspection of information crimes. Legal Books House, Egypt. 24. Jbour, M. (2018). Personal data and Arab laws, security concerns and the rights of individuals.(1st edition). The Arab Center for Legal and Judicial Research. Beirut, Lebanon. 25. Mughabghab, N. (1998). The dangers of information and the Internet, Zain human rights publications. Beirut, Lebanon. 26. Nayel, E. Criminal protection of the sanctity of private life in the light of the French Penal Code. Arab Renaissance House, Egypt. 27. Qayed, A. (1994). Criminal protection of private life and information banks "a comparative study". Arab Renaissance House, Egypt. 28. Srour, T. (2004). Publishing and Media Crimes. (1st edition). Arab Renaissance House. Cairo. 29. Taha, Mahmoud. Ahmad. (2017). Legislative confrontation of computer and Internet crimes, a comparative study. Dar Al-Faker & Law. Egypt. 30. Zahran, Mudar. (2008). Hospital and Healthcare Management. Zahran House for Publishing and Distribution. Amman, Jordan. Theses and scientific research: 1. Al Telawi, A. (2016). Cyber attacks their concept and the international responsibility arising from them in contemporary international organization. research published in Al-Mohaqiq Al-Halabi Journal of Legal and Political Sciences. 2. Khatir, S. (2015). Protection of the right of information privacy, Analytical study of the right to access personal data in France. Journal of Legal and Economic Research, No. 57. 3. Miqrish, A. (2018). The effects of using the Internet on the sanctity of private life, master's thesis. Halab University, Syria. 4. Othman, T. (2007). Criminal protection of private life via the Internet, Master's thesis. Mohamed Lakhdar University, Algeria. 5. Sassi, Toshen, Abubakar, Soleimani. (2013). Criminal Protection of Private Life Online, Master’s thesis. Abdulrahman Mira University, Bejaia, Algeria. 6. Seidani, N. (2013). Mechanisms of research and investigation of information crime in criminal law, master's thesis. Al Haj Khader University, Algeria. p.24. Al Mumani. Information Crimes. Web research: 1. Health Coalition for Patient Protection, The Jordanian National Charter for Patient Rights. p. 38. 2. The Islamic World Organization for Education, Science and Culture, the developments of artificial intelligence and the requirements for the protection of fundamental rights and freedoms. 3. The website of the Jordanian Health Institutions Accreditation Council (HCAC). 4. The website of the Saudi Ministry of Health.

Refbacks

  • There are currently no refbacks.