Social Media: Balancing the Right to Privacy and the Right to Proof: A Comparative Study

Abstract

 

Conclusion

The emergence of the term" social media" in the field of communication technology is one of the new and innovative concepts at the present time, it has become closely linked to several magnificent rights devoted in laws and legislation, the most important of which are the right to privacy and the right to proof.
Social media has had a major impact on social and economic activities by providing features and services, such as sending messages, exchanging photos, and conducting conversations. the data and information in these media contained, of users and the possibility of adhering to them as evidence, this matter should adhere finding a balance between the right to proof and the right to privacy within the framework of social media.
The right to privacy is a fundamental right that protects individuals from unauthorized access to their personal information, and this right is effectively protected in many legal systems, However, the difficulty lies in how to find a balance between the right to privacy and confidentiality of private life and the right to proof, by which we mean the ability of individuals to provide evidence to support their claims before the courts, especially if this evidence is digital.
Accordingly, within the technical developments in the field of communications technology and its direct impact on the field of law, the rich evidence provided by social media in the scope of civil proof, and due to the absence of a legal system, legislative agreement and clear judicial orientation on their admissibility; it was necessary to highlight on the extent of the admissibility of evidence obtained from social media in light of the necessity of the opponents’ right to proof and the necessity of not violating the principle of the right to privacy and encroaching on the confidentiality of individuals’ data