The Iraqi Observatory for Human Rights warned today, Monday, of a trend among security entities to monitor the WhatsApp accounts of Iraqis without obtaining judicial orders.
The Observatory stated in a statement it received from the "Video News Agency" that it had received reliable information indicating a trend among security entities to monitor the WhatsApp accounts belonging to Iraqi citizens, without obtaining judicial warrants, and warned that any action of this kind outside of the judiciary violates the Iraqi constitution and Iraq's international obligations.
It added that what is concerning about this information is that it does not pertain to a specific group. It is true that discussions about this matter began among journalists and activists, but the monitoring that occurs outside the law knows no bounds and does not stop at limits.
The Observatory continued that it does not accuse a specific entity in this statement, nor does it announce evidence of a specific incident, but it sees it as its duty to raise the alarm before the event occurs rather than after.
It warned that privacy is neither a luxury nor a secondary matter. A citizen who feels that their phone is open to others changes their behavior; they hesitate before complaining, remain silent about things they would have said, and gradually lose trust in state institutions. This trust, once lost, is difficult to regain.
The Observatory pointed out that Article (40) of the Iraqi Constitution stipulates the freedom of communications and postal, telegraphic, telephonic, and electronic correspondence, and that monitoring or eavesdropping on them or disclosing them is prohibited except for legal and security necessity and by judicial decision.
It continued that the last phrase, "by judicial decision," is not a mere detail that can be overlooked when needed; it is the essence of the text.
It also reminded of Article (17) of the Constitution, which protects private life, and Article (17) of the International Covenant on Civil and Political Rights, to which Iraq is a signatory.
The Observatory affirmed that the Iraqi judiciary is the sole authority qualified to resolve this matter. Despite all the pressures it has faced in recent years, the judiciary remains the institution citizens turn to when doors are closed against them, and in many instances, it has been the entity that has restored matters to the law, being the only one capable of balancing the state's need for security—an undeniable legitimate need—and the citizen's right not to be monitored without cause.
The Observatory emphasized that everything in this file must go through a judicial warrant. Any request to access conversations, data, or accounts—regardless of the requesting entity and however urgent the reasons may seem—must be based on a warrant from a specialized judge, which is reasoned, specified in duration and scope, and subject to appeal.
It stated that the judicial warrant is not an obstacle to the security apparatus but a protection for it, as it grants its work a legal status and protects its members from future accountability.
The Observatory called on the Supreme Judicial Council to affirm this principle and to consider any complaint submitted regarding it. It urged the government to issue binding directives to all agencies not to monitor the communications of any citizen outside the judiciary.
It called on the House of Representatives to expedite the enactment of a law for the protection of personal data, as Iraq still lacks a law regulating this matter, even though people's lives have completely migrated to their phones.
The Observatory also urged citizens in general to pay attention to the security of their accounts: activating two-step verification, updating applications, and being cautious of unknown links.