Violation of the right to privacy via electronic means

Abstract

The aim of the study is to clarify the plan that the Jordanian legislator faced the violation of the right vial electronic means through the penal code and the law of cybercrimes, with regard to the mechanisms of criminalization as well as the penalties taken to protect the right to privacy. The importance of the study lies in finding the best solutions and suggestions required to protect the right to privacy, through explaining the attitude of the Jordanian legislator and the plan followed. The study dealt with the unclear attitude of the Jordanian legislator to the mechanism of preserving the right to privacy since it is protected by different legal texts within the descriptive analytical methodology for the purposes of describing the right to private life and analyzing the legal texts related to the subject of the research. This research has reached a set of results and recommendations. The most prominent of which is that the Jordanian legislator punished most of the crimes of assault committed by electronic means with misdemeanor penalties and set the minimum penalty to three months, which can be replaced by a fine, which means an imbalance between the seriousness of the crime and the punishment.

One of the most prominent recommendations reached by this research is the necessity of adopting a clear criminal policy capable of confronting cybercrimes, so that this policy has the elements for success, including extensive discussion and comprehensive planning, capable and active executive bodies, and specialized and effective legislative and judicial tools, so that the efforts made are crowned with success within the general framework of this policy in confronting this new form of cybercrime in a comprehensive, integrated and evolving manner that keeps pace with developments in modern and sophisticated crime.