Dr. Walaa Ahmed Rashid

This article begins with the question: Can artificial intelligence technologies affect constitutional rights and freedoms?

This is especially relevant given the advancements in the digital age, with its unique features and characteristics that have garnered global attention. These advancements have led to changes in applications that facilitate daily life for citizens, such as electronic payments and digital and technological platforms that operate automatically thanks to programming, design, and self-learning capabilities.

Therefore, the need to consider artificial intelligence technologies from multiple perspectives has increased, including technological, economic, social, ethical, and legal aspects. As a result of these developments, the urgent need to create a legal framework for technological life and to keep pace with global legal standards has grown. This is particularly important in light of the absence of legislation in Iraq to protect users of artificial intelligence technologies or those harmed by them, and to provide them with means of compensation. While these technologies offer tremendous potential for improving administrative performance and streamlining procedures, their use in areas such as data analysis and collection may threaten individuals' personal privacy. The question we pose here is: to what extent are these technologies compatible with constitutional principles?

Artificial intelligence can record citizens' personal data and be used in surveillance systems without their consent, which contradicts Article 17 of the 2005 Iraqi Constitution, which stipulates that "Every individual has the right to personal privacy, provided it does not infringe upon the rights of others and public morals."

Furthermore, there is a risk in using artificial intelligence technologies in decision-making, as it may lead to unjustified discrimination against certain social groups, contradicting Article 14 of the 2005 Iraqi Constitution, which states that "Iraqis are equal before the law without discrimination based on sex, race, ethnicity, origin, color, religion, sect, belief, opinion, or economic and social status."

Furthermore, the use of artificial intelligence poses a potential threat to citizens' personal freedoms, contrary to Article 15 of the 2005 Iraqi Constitution, which stipulates that "Every individual has the right to life, security, and liberty. These rights may not be denied or restricted except in accordance with the law and by a decision issued by a competent judicial authority."

In summary, the use of artificial intelligence technologies without a law to regulate and monitor them leaves the constitutional rights and freedoms stipulated in the 2005 Constitution of the Republic of Iraq vulnerable to violation. This necessitates the enactment of comprehensive legislation to protect rights and freedoms, ensuring that data collection, processing, and analysis are subject to the principles of transparency and accountability. Such legislation should also extend to regulating the algorithms used in artificial intelligence technologies and subjecting them to effective legal oversight. This will ensure the reduction of potential risks, enhance confidence in their outputs, and achieve a balance between technological development and the preservation of constitutional rights and freedoms.