Prof. Saeed Abdul Latif Ismail
Professor of Criminal Law – Kuwait International Law School

Abstract:

This study consists of an overview and analysis of new challenges to privacy resulting from the digital revolution and the evolution of communication and Internet (analytical study of this topic and its problems and systematic search).
Nowadays, “the world is facing a “crisis” in respect for human rights and the right to privacy, and the frequent abuse of those rights has become “a new global situation” caused by “having the right to Privacy in the face of the digital revolution, information and communication technology developments and social communication”. This paper shows as well that this crisis is due to the revolution and advanced technological means for surveillance and spy on communications and the Internet, and the flagrant violations of the privacy of individuals and the sovereignty of States, those violations that wasted guarantees of protecting this right and touched the States’ sovereignty, in the absence of effective domestic laws to achieve this protection, and international law does not constitute a deterrent for the powerful States that aspire to dominate the world and pursue their interests on the account of other States.
The search in this topic goes on to describe the current position of the subject of the study in a way that highlights its problems and their appropriate solutions, providing a new vision for the future treatment of the subject and its problems on the domestic and international levels, and in all dimensions: technical, political, security, legal, and social.
The importance of the subject lies in the description and analysis of the position “of the current crisis” on the violation of human rights and privacy. More importantly, it covers the complaints, prosecutions and convictions and prosecutions by individuals and States affected by those violations committed by the security and intelligence organs, in the absence of almost total legality under the pretext or the excuse to maintain national security and counter terrorism. While it was true that States interests worthy of protection against terrorist and criminal schemes in order to maintain national security and vital interests, this may not be a means to waste the sovereignty of other States and the right of individuals to privacy. This creates many crises at local, regional and international levels. It also wastes confidence between States and, sooner or later, endangers the relations between them.
This study aims to achieve two goals:
First, analyzing and formulating topic problems precisely, in order to an in-depth study of them,
Second, identifying the most important assumptions that can be subjected to scientific research, to try to find out whether such assumptions are true or false.
This is an addition to the following:
1- Initial identification of attitudes and phenomena and the changes and challenges that researchers wishing to study in the future carefully and in-depth.
2- Collecting data and information on the practical possibilities for research: exploring the real challenges, changes and the attitudes of the research, and the extent of possibilities that facilitate the implementation of the research, or the difficulties impeding their implementation.
3- Get a list of the problems that are seen by specialists and experts to be studied and researched.
Due to the nature of this “Expiratory Study”, this kind of study requires a great deal of flexibility and comprehensiveness. The research is aimed at providing a comprehensive study to provide a new vision and a new framework that is comprehensive and integrated to tackle the topic and its problems.
Finally – the research shows its methodology in addressing the issues of human rights and the right to privacy.

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