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Protecting Non-Public Cyber Data: A Critical Reflection on Two Bills in Iran's Criminal Policy
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Mahdi Khaghani Esfahani *    |
| Assistant Professor of Criminal Law and Criminology, The Institute for Research and Development in Humanities (SAMT), Tehran, Iran. |
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Abstract: (145 Views) |
Unauthorized processing of personal data leads to violations of the rights of their owners, and the criminal nature of most instances of violations necessitates the provision of the right to file a criminal lawsuit for the person who owns the rights (data subject). Therefore, the government is obliged to protect the rights of personal data owners as victims; therefore, adopting an efficient criminal policy to protect such data and prevent and punish illegal data processing is the subject of research from the perspective of criminal policy to promote the security of national and international cyber rights. The approval of the “General Data Protection Regulation of the European Union” (2016) and its implementation since 2018, on the one hand, and the formulation of the “Data Protection and Privacy in Cyberspace Bill” in Iran in 2017, as well as the “Personal Data Protection and Protection Bill” in 2018, and of course the approval of the “National Data Management and Information Law” in 2022, are manifestations of the Iranian legislator’s firm decision to update the country’s laws and regulations in this area and to partially model them on the regulations mentioned in the European Union. However, the shortcomings of Iran’s legislative criminal policy in preventive and punitive protection of personal data are the subject of criticism in this article. This qualitative article was written through a critical analysis of the discourse governing the articles of the two bills, within the framework of a critical approach to legislative criminal policy and with an interdisciplinary nature of criminal law and information technology law, and includes reform proposals for Iranian legislative criminal policymakers in the field of cyber regulation. |
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| Keywords: Criminal policy, data security, personal data, cyber rights, data protection bill |
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Full-Text [PDF 747 kb]
(52 Downloads)
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Type of Study: Research |
Received: 2024/11/21 | Accepted: 2025/01/21 | Published: 2025/03/5
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