Criminal Protection of the Privacy and Confidentiality of Individuals’ Private Conversations through Electronic Means

Abstract

This study addresses the criminal protection afforded to the privacy and confidentiality of private conversations through electronic means under Algerian legislation, with the aim of determining the adequacy and effectiveness of the national legal framework in confronting emerging forms of digital eavesdropping and electronic interception that threaten privacy. To achieve this objective, the study adopts descriptive and analytical approaches by examining the legal concept of eavesdropping and identifying its types and digital characteristics, then analyzing the constituent elements of the offence under Article 303 bis of the Penal Code. Its material element is manifested in acts of interception, recording, or transmission using a device and without the consent of the persons concerned, while taking into account the exceptions and procedural safeguards established for judicial police officers under the Code of Criminal Procedure. Its mental element requires criminal intent in both of its components: knowledge and will.The study concludes that Algerian legislation has established important legal frameworks to curb these offences; however, the covert and transnational nature of electronic eavesdropping requires continued updating of legislative provisions and the development of digital investigation mechanisms in order to keep pace with the rapid technological development in this field.