الحق في الحياة الخاصة

Abstract EN

In general the right to private life is a human right when it leaved and refrained from intruding on it, sometimes it is difficult to distinguish between private and public life because man in his daily life has aspects related to his own life and other aspects of public life, to maintain his own life within his place, and because of the accuracy of the distinction between them, the judiciary and jurisprudence in France establish a criteria for discrimination between them, and in Algerian the right to life has a civil and criminal protection from the legislation.

If we consider that the right to private life is the inherent rights of the person, so the protection is determined by article 47 of the Civil Code, which is closed to 9th article of the French Civil Code, was drafted in a general form the 124 article of the Civil Code; resulting a civil responsibility for every attack on the inherent rights of the person, but criminal protection came late in 2006 in 303 bis and 303 bis 1 article of the Penal Code, the first article provided for the offense of infringement of the right in private life if it occurred by recording private conversations or taking photographs or transferring it to another person; the second provided for the same sin committed by the same acts and published in media or social networking sites.

Civil protection is supposed to be broader than penal protection because it is based on a general rule of responsibility, "for all who have happened it..."also with no limited for acts that constitute the aggression, but the reality is going in the opposite side, where it indicates that the penal protection is the most applicable in the judiciary, and the reason for this is the ineffectiveness of civil compensation.