The role of national and international legislation and laws governing the protection of information security

Despite of many developments and advantages which has brought by the technological revolution, especially in the field of communications, which made the world a small village, this resulted in the ease and speed of transmitting information, data and news - despite this -  many drawbacks appeared to use a modern means of communication that depend on the latest programs in the field of communication technology, from these disadvantages the most important of which is the ease of obtaining personal data and information and any information placed on a computer or any smart device such as: (mobile phones). And looking at this information became easy and simple by using specific programs for this purpose, which is called hacker programs. Therefore, in contemporary legal thought, the term “information crime” appeared in the place of attacking private and confidential data and information for an individual or organization.
Many jurisprudence has tried to address the definition of this phenomenon and also tried to define the information crime, and among the jurists who defined this crime as: (misuse of the computer and it includes cases of unauthorized access to the victim’s computer to steal his data and private information. Theft of this information may have serious consequences for this includes knowing the person’s bank account data, as well as knowing the secret numbers of credit cards, which leads to the ease of stealing the person’s accounts and transferring them to the offender).
From the above, we find that the reason for committing these crimes is the use of communication technology and computer programs in particular. This puts us in a difficult position in the case of trying to prove this crime in the event that it was committed through the Internet and modern means of communication. For all this, international law considers these crimes as crimes against human rights, as they infringe on his right to confidentiality, a right that is closely related to his personality. Especially for the protection of personal data, the first data protection law was passed in Germany in 1971.
But we will expose in this research to the international rules which aim to protect the information security, for example, we found the convention of the Council of Europe issued in 1981 and the subject of this agreement was the protection of individuals regarding to the automated processing of personal data, in addition to the guidelines on the processing of personal data issued by European Union.
Because of the importance of confidential data and information, and because an attack on it is considered an attack on a human right, as we mentioned, Article 12 of the Universal Declaration of Human Rights and Article 17 of the International Covenant on Civil and Political Rights stipulate that it is not permissible to arbitrarily interfere with the privacy of an individual, his family, home, or his correspondence. And that every person has the right to the protection of the law from such interference.
From all of the above, we will try to look at the legislation and laws governing the protection of information security as a human right that the international community must protect, in addition to the issuance of several internal laws for many countries in this field.