تجريم التعدي على حرمة المحادثات الشخصية : دراسة مقارنة

الملخص EN

Peoples' right to privacy of communications is one of the fundamental human rights that should be maintained.

A person has the right to keep his private life private: each person has his own private life that should be protected and respected.

Maintaining people's dignity and showing regard to their feeling are the key issues Islamic Law has focused on in the arena of human rights.

People's right to privacy of communications is one of private life related rights, and the private life concept is a changing one that differs from one community to the other and from one political system to the other.

Notwithstanding the paramount importance of this right, yet, technological and scientific progress has greatly contributed to its infringement by means of spy gadgets.

Criminalization of infringing privacy of communication was provided for in UAE, Egypt and French laws, with the new version of Penal Code of the latter criminalizing the same irrespective of place where they took place.

However, UAE and Egypt laws criminalized the same in the event that the communication is carried out in a private place regardless of the nature of communication; jurisprudence has a host of attitudes in this regard.

The three aforementioned legislations have criminalized spying on calls and recording them whether or not they are disseminated, and criminalization covered any action considered as an infringement of the recording or document content, however recording or document should be obtained via audio spying; recording of the call or their dissemination.