Criminal Protection of Databases in Arab Legislation

Abstract

This research examines the criminal protection of databases under the legislation of some Arab countries, especially because most countries around the world have moved toward e-government and the accompanying transfer of information and data through information networks. The research is divided into three sections. The first section addresses the concept of criminal protection and the concept of databases. Criminal protection is represented by the enactment of criminal legislation that punishes infringements on public and private rights. It involves granting legislative protection to the interests intended by the legislator, which is expressed through criminal sanctions imposed for violations and harm. Criminal protection in the Law of Criminal Procedure differs from criminal protection in the Penal Code. In the Law of Criminal Procedure, criminal protection derives its elements from procedural rules that regulate judicial authorities and their jurisdictions, the detection of crimes, methods of proof, the apprehension of offenders, investigation, and trial, as well as other procedural rules. These rules also establish the state’s right to punishment and the obligation to apply criminal procedural law to realize this right. As for databases, they are defined as an organized collection of structured information or data, usually stored in electronic form or within a computer system. The second section addresses the scope of criminal protection for databases, which includes both governmental databases and private databases. Government databases are considered the main factor considering digital transformation and the transition from the concept of traditional government to that of smart government. The third section includes a discussion of some acts that constitute crimes against databases, such as the crime of unauthorized access, the crime of attacks on databases, and other related crimes, along with the penalties prescribed by legislation for such acts. The research concludes with the most important findings and recommendations reached by the study.