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Ethical and Legal Regulation of Artificial Intelligence in Iraq: Implications for Re-Engineering Decision-Making Processes and Constitutional Rights

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6

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2025

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Abstract

Artificial intelligence technologies are among the most prominent achievements of science in the era of digital technology—and among the most fascinating as well—due to their unique features and important capabilities that have attracted global attention. These technologies offer applications that facilitate the daily lives of citizens and states, such as the creation of robots, digital and electronic platforms that sometimes operate automatically through programming and manufacturing, as well as machine learning and high-level predictive capabilities. Examples include smart applications on mobile phones, electronic payment systems, traffic management, unmanned aerial vehicles, facial recognition applications, and many other technologies adopted by government institutions to streamline operations. This development poses a challenge for states in drafting laws at various levels to protect both citizens and the state, and to prevent misuse of artificial intelligence technologies in ways that undermine the rights and freedoms enshrined in constitutions in general, and in the Iraqi Constitution in particular. Legal shortcomings in addressing these challenges raise concerns about the ability to protect citizens’ personal data and freedoms, as well as about determining legal responsibility for harmful acts caused by AI applications and technologies and identifying the liable parties. This disconnect between artificial intelligence and the law, combined with weak legislation, hinders technological progress in this field.With technological advancement, there is an increasing need for a new legal framework to regulate the technological sphere, requiring legal legislation to keep pace with global developments. In Iraq, there is currently no legislative system to protect users of artificial intelligence technologies or those harmed by them, nor to provide mechanisms for compensation.

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