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The Right to the Secret of Correspondence and Its Legal Protection

By Abdelhadi Derrar, Nassima Derrar

Law and World · Vol. 11, No. 34, pp. 52-59 · 2025

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Abstract

Respecting the private life of man is one of the most prominent basic rights guaranteed by positive laws and divine laws, as it is a pillar of human dignity and individual freedom. This right includes preserving human secrets and not dispensing them without his/her explicit consent, or outside the framework of a legitimate and justified judicial order. The principle of correspondence is considered one of the most important applications of this right, as it includes all correspondence and communications between individuals, whether written, electronic, or even oral, as long as it relates to their privacy and they do not want to inform others.

Private secrets are an integral part of private life, and they include all information or an incident related to a person and affects his/her interests, such as health data, family relationships, intellectual and religious inclinations, financial situation, and others. The law was approved to protect these secrets, stressing the necessity of preserving them and not being infringed, as Islamic law affirmed this principle through the prohibition of espionage and followed the nakedness of people, in respect of their humanity and the maintenance of their dignity.

Accordingly, any violation of these secrets is a serious prejudice to the basic rights of man and requires legal accountability, as it is inconsistent with moral principles.

Details

Publication type
Journal article
Author
  • Abdelhadi Derrar - Doctor of Public Law, Abu Bakr Belkaid University, Algeria
  • Nassima Derrar - Doctor of Private Law, Mohamed Ben Ahmed University, Algeria
Journal
Law and World
Publication
June 30, 2025
Volume
11
Issue
34
Pages
52-59
Language
English
DOI
10.36475/11.2.5
ISSN
2346-7916
Institutions
Abou Bekr Belkaid University of Tlemcen, University of Oran 2 Mohamed Ben Ahmed
Access
Open access
Licence
CC BY-SA 4.0
Added to catalogue
Metadata source
Supplied by the publisher

Areas of law

International Human Rights Law

Keywords

Public freedoms correspondence confidentiality privacy legal protection constitutional amendment 2020

Cite this record

Derrar, A., & Derrar, N. (2025). The Right to the Secret of Correspondence and Its Legal Protection. Law and World, 11(34), 52-59. https://doi.org/10.36475/11.2.5
Derrar, Abdelhadi and Nassima Derrar. "The Right to the Secret of Correspondence and Its Legal Protection." Law and World 11, no. 34 (2025): 52-59. https://doi.org/10.36475/11.2.5.
@article{derrar2025_5rjd4v,
  title     = {The Right to the Secret of Correspondence and Its Legal Protection},
  author    = {Derrar, Abdelhadi and Derrar, Nassima},
  year      = {2025},
  journal   = {Law and World},
  volume    = {11},
  number    = {34},
  pages     = {52--59},
  doi       = {10.36475/11.2.5},
  issn      = {2346-7916},
  language  = {en},
  url       = {https://lawandworld.ge/index.php/law/article/view/786},
  note      = {Open access}
}
Download BibTeX 
TY  - JOUR
AU  - Derrar, Abdelhadi
AU  - Derrar, Nassima
TI  - The Right to the Secret of Correspondence and Its Legal Protection
PY  - 2025
JO  - Law and World
VL  - 11
IS  - 34
SN  - 2346-7916
DO  - 10.36475/11.2.5
LA  - en
UR  - https://lawandworld.ge/index.php/law/article/view/786
AB  - Respecting the private life of man is one of the most prominent basic rights guaranteed by positive laws and divine laws, as it is a pillar of human dignity and individual freedom. This right includes preserving human secrets and not dispensing them without his/her explicit consent, or outside the framework of a legitimate and justified judicial order. The principle of correspondence is considered one of the most important applications of this right, as it includes all correspondence and communications between individuals, whether written, electronic, or even oral, as long as it relates to their privacy and they do not want to inform others. Private secrets are an integral part of private life, and they include all information or an incident related to a person and affects his/her interests, such as health data, family relationships, intellectual and religious inclinations, financial situation, and others. The law was approved to protect these secrets, stressing the necessity of preserving them and not being infringed, as Islamic law affirmed this principle through the prohibition of espionage and followed the nakedness of people, in respect of their humanity and the maintenance of their dignity. Accordingly, any violation of these secrets is a serious prejudice to the basic rights of man and requires legal accountability, as it is inconsistent with moral principles.
KW  - Public freedoms
KW  - correspondence confidentiality
KW  - privacy
KW  - legal protection
KW  - constitutional amendment 2020
KW  - საჯარო თავისუფლებები
KW  - კორესპონდენციის კონფიდენციალურობა
KW  - პირადი ცხოვრება
KW  - სამართლებრივი დაცვა
KW  - 2020 წლის საკონსტიტუციო ცვლილება
SP  - 52
EP  - 59
ER  -
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