Modern scientific means and criminal protection of the right to privacy : medical experience is a model

Mohammed, Hammoudi (2019-12)


Abstract As a result of scientific development and the latest methods of detecting and tracking criminals, debate has been raised over the legality of these scientific means due to their infringement on personal freedoms and the inviolability of private life. Due to this, the Algerian legislator has amended the Penal Code in accordance with Law 06-03 of 20 December 2006 and its text on the inviolability of private life in article 303. And as a result of developments all over the world, the Algerian constitutional founder has included a legal clause protecting this right in the constitutional amendment of 2016. The legislator is currently seeking the enactment of Law 18- 07 on the protection of natural persons in the handling of their data. The right to privacy is linked to the freedom and dignity of people, and taking in to account the seriousness of medical experiments, DNA, and images in order to detect criminals, the extent of the violation of this right has made us address this subject. So the question arises: What controls the protection of the right to privacy when using modern scientific means to prove guilt?