Electronic litigation and cybersecurity "Challenges and Prospects" A case study of the Egyptian courts .

Document Type : Original Article

Author

President of the Courts of Appeal

10.21608/mjle.2024.386630

Abstract

Egypt began harbingers of digital transformation since the nineties of the last century by making many attempts to automate litigation procedures in Egyptian courts and various judicial facilities, but despite being a pioneer in the field, it lacked two things, namely continuous improvement and sustainability, whenever a project is implemented, it is not published at the necessary speed and required to ensure its effectiveness and reap its effects, until the events of January 25 and the subsequent burning of courts and the destruction of judicial authorities and their siege came to the need to move forward towards increasing reliance on digitized systems and Managing justice electronically, encouraging electronic archiving and securing systems, information and data centers, which is what the concerned authorities in the judicial systems of different bodies and degrees have done, The third pandemic was the Corona pandemic and the subsequent total closure and curfew, which made the rest of the remaining opponents of electronic transformation in the field of justice and electronic litigation call for the need to take it, as access to services, management of facilities and the restoration of the work of courts remotely became an urgent necessity after it was a luxury and luxury. Hence, the decisions of the political leadership were an incentive for implementation and an engine for accelerating work in this sector through the adoption of pioneering projects and the allocation of sufficient financial availability for this purpose and the beginning was in the law enforcement project, which relied mainly on linking the actors in the criminal litigation system together in a consistent system and integrated its bodies (the Ministry of Interior represented by police departments and stations, the Public Prosecution and criminal courts of various degrees, in addition to forensic medicine, experts and real estate registration) in an integrated system despite its independence. Its applications, however, are integrated in their data and exchanged within a legal framework that preserves each entity's independence and enables it to practice its various activities, followed by various other activities in the Public Prosecution as well as in other judicial bodies, Then came the digital justice project, which was adopted by the President of the Republic, and when there is political will, any huge project found its way to the light, and this is what we hope for full electronic litigation in Egypt after remote litigation appeared in the registration and registration of civil cases through the Digital Egypt platform in many governorates, and we hope to circulate it in the rest of the branches to increase the services provided in a more logistical manner. This rapid development and remarkable change coincided with the enforcement of important constitutional entitlements, including the issuance of the Anti-Information Technology Crimes Law 175 of 2018, followed by Law 155 of 2020 on the protection of personal data, which are the main influence of the legislative framework for cybersecurity in Egypt, which will affect the proper functioning of electronic systems and help them ensure their reliability and integrity of their results, and hold accountable those who are negligent in these systems or external aggressors by applying the provisions of the law to them, as well as the procedural provisions that have been developed. Important and indispensable in this new electronic environment, and one of the most important of these provisions is the recognition of digital evidence in evidence. This digital transformation and the new crimes it has created, the emergence of great threats and high cost have led to To the need to establish secure centers and develop controls and policies for cybersecurity in the various sectors of the state, including the justice sector with its systems, and the need for continuous scrutiny in the application and implementation of these policies as well as the regulating laws, which requires a greater effort from specialized researchers and legal professionals who have sufficient knowledge and awareness of the practical and applied aspects of digital transformation mechanisms, its provisions, methods of implementation and responsibilities, as well as accurate knowledge of the technical aspects of this and the impact of cybersecurity in its various dimensions on this matter, all this with the presence of capable legal expertise To integrate these relationships, understand them and determine their dimensions well, which is what we hope to add to it through this research.

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