انتهاك خصوصية المعلومات المتداولة على مواقع التواصل الاجتماعي التي يرتكبها الزوجين ضد بعضهم البعض في التشريع الأردني

الملخص EN

The right to privacy is one of the most important personal rights for the individual, as it gives him a private space that is forbidden for others to penetrate it except with his permission.

Therefore, ancient civilizations, religions, constitutions and modern laws in most countries are keen to protect this right.

However, on the other hand, this right is considered one of the most controversial rights, whether due to the flexibility of its meaning and its difference with the different factors of time and place and the different societies or because of its conflict with some other rights.

This research aims to conduct an analytical study of the effect of the marital relationship on the legality of the violation of the right to mutual privacy between spouses represented by eavesdropping, monitoring and searches that are carried out on each other's phones and computers without permission, especially to see personal contacts that take place on social media sites as the most important means of modern communication In terms of the extent to which the right to preserve the family and preserve its dignity and honor is elevated to be a reason justifying one of them violating the other's privacy.

This research dealt with the most important elements of the right to privacy and the effect of the marital relationship on determining its scope between the spouses, then dealt with the criminal protection enshrined in the penal law and the Jordanian electronic crime law currently in force to clarify the forms of criminalization that husbands may commit in this field with an indication of the most prominent deficiencies in this protection, as well The research dealt with the legal nature of the reasons for justification, its effect on criminal responsibility, and the extent to which these reasons will apply to spouses if they violate each other's privacy.

Finally, the conclusion of the research included its findings and recommendations.