جستجوی مقالات مرتبط با کلیدواژه "حق خلوت" در نشریات گروه "فقه و حقوق"

Nowadays, individuals can gain fame through the media based on their abilities, luck or due to their attribution to other people. The formation of fame for individuals has two inevitable effects and risks: On the one hand, people in society are interested in knowing the details of a famous person's life, and therefore the famous person is exposed to the risk of violation to privacy right. On the other hand, because of prevalence of different types of the media, modern fame has gained commercial value, so that the suppliers use the identity characteristics of a famous person to promote their goods and services to increase their supply. To deal with these two dangers, the legal system uses two solutions: first, by using the general and pre-existing right to privacy, which is rooted in personality rights and human rights, it tries to prevent the violation of the privacy of these people. Second, by inventing a new right as the right of publicity, which is both rooted in property rights and personality rights, it organizes the commercial use of the identity characteristics of celebrities. Financial effects of this right (assignability, waivibility, descendibility, etc) must be adjusted in interaction with personality rights and public order.

Today, the growth of new technologies in the field of media, especially the emergence of social networks, has accelerated the process of obtaining information and then spreading it. One of the topics that people pay attention to on social networks is the life of famous people. Undoubtedly, one of the important parts of these people's lives is their children, and the media tries to publish news about them due to people's interest in knowing about the children of famous people. Famous people, as the parents of these children, have invoked their children's privacy, and the media also have the right to express information freely. Considering the conflict between these two rights, the main question is, which one is preferable? To answer this question, the authors have identified four perspectives with the help of a descriptive-analytical method. In the opinion of some, the privacy and interests of the child are preferred, and a group of people resort to the value of freedom of speech and consider disseminating information about famous people to ensure public interests. Another group differentiates between the type of fame and the type of place. Still, a group in theory called balance seeks to provide criteria that the judge can establish a balance between the right to privacy and freedom of expression in each case using these criteria. In Iranian law, while both rights are recognized, there is no explicit statement regarding the conflict between them.

In Islamic jurisprudence and Iranian law, the principle is based on personal responsibility (Yazdanian, 1394: 143) and the jurisprudential rule of "minister" (Shahid Thani, 1414: 10/38 and 4/69) is also useful in this sense (Mohaghegh Hali, 1387 : 4/426; Mohaghegh Damad, 1379: 4/163, Hali, 1407: 4/528; Simari, 1420: 4/384; Karaki, 1414: 6/7). The principle of personal responsibility means that no one bears the burden of other sins and everyone is responsible for their own actions. However, in jurisprudence and law, there are cases that seem to have deviated from this principle. According to Article 7 of the Civil Liability Law adopted in 1339, whenever parents are at fault in the care and custody of the child, they are responsible for the harmful acts of the child and this responsibility, according to this article, includes harmful acts of the child in cyberspace.One example of parental guilt is proving the child's upbringing. From a legal point of view, incomplete upbringing of a child is considered a fault and entails the responsibility of parents (Safaei, Rahimi, 2012, 295). In this article, it has been proved by descriptive analytical method that due to the special nature of cyberspace, parental responsibility can really be the result of a non-perceived act and in some cases, despite the apparent fault of parents, relying on restrictions on parents' right to education. The child, such as respect for the right to physical integrity, privacy and freedom of opinion and expression of the child, parents are not responsible for the defect in upbringing and are judged not to be guilty.

Due to the fact that the spatial privacy, as a manifestation of privacy, is more related to the mental security of the people and its breach has wider and deeper damages, it is more important than other categories. The right to spatial privacy is based on different principles and evidences. Since the Quranic principles have a higher certainty of sanad and ranking among the chain of evidences, it is required that the situation of the right to spatial privacy is reviewed within two groups of Quranic evidences. Is the right to spatial privacy supported in the Quranic verses? If yes, then how it is implicated and limited? It seems that several verses imply, both generally and specifically, this right. First group are the evidences that generally imply the unlawfulness of breaching privacy including spatial privacy. The second group are the verses that specifically refer to the existence of spatial privacy and unlawfulness of its breaching. The complete support of the evidences in both groups depends on the generality and the wide-coverage of unlawfulness of breaching the right including all private places, breaching persons, whether governmental or non-governmental, the methods of breaching, whether directly or indirectly, the case of investigation, the situation of the citizens, the way of entering and so forth. The present text aims at critical reviewing of the implications of the previously mentioned verses and interpretation pathology, as well as paying attention to several life styles related to the spatial privacy and reviews the related verses.

Increasing resort of people to the banks make them to access classified information of the customers such as financial status, balance of the account and personal information. In order to gain the trust of customers and prevent Personal and commercial losses and economic abuse, banks make these data confidential and refused disclosure of them. Although the protection of banking secrets is an inevitable principle concerning social necessities such as confronting crimes like money laundering, terrorism financing, tax evasion and the need for financial transparency, it is appropriable in such areas. These exceptions, however, varies from country to country but we seen more common trends in all.
This paper shows the basis, sources, scopes and the effects of banking secrecy in Iranian law and note the necessities of legislation by that.

Nowadays, images of celebrities are used to advertise goods and services, and this phenomenon is growing. On the one hand, in recent years, celebrities become aware of the value of image and image rights in advertisement world. On the other hand, many agencies and owners of goods and services become aware of the important effect of popularity of celebrities as a tool to boost sales of goods. Therefore, in today’s world, celebrities’ image rights become a valuable asset. There is not a uniform procedure among legal systems in respect of nature of celebritie's image rights. The legal system of the United States has recognized the economic value of image by accepting it as a right of publicity and has been considered it as an economic right. In European countries, France still remains in the framework of right of personality while in legal system of England, image rights is described within right of privacy. By considering the differences in this field, this paper seeks to explain the adopted approaches in legal systems, and analyze the nature of image rights in Iran.

The right to privacy is one of the rights and freedoms that its purpose is consistent with human rights. This right protects the freedom, and respects the fundamental human rights. It is recognized in numerous national and international instruments. In the context of recognizing this right, two issues are very important. The first is the scope of the concept of privacy; it takes a different and undetermined meaning with considering the differences between societies. The second issue is the criteria of privacy. In the human rights literature, one can detect several criteria to better understand privacy. These criteria include: "separation", "custom", "will of the people" and "democracy". This paper attempts to analyze these two dimensions of the right to privacy. The main assumption of this article is based on the belief that privacy is an undetermined concept, and is defined according to the culture and customs of different communities. Finally, every person, nation and country it defines, recognizes and supports it according to the norms.

A historical look at the so called "privacy" in anthropology and sociology show that in different cultures and societies, privacy was always important, and it has been supported, but still has not been achieved the unity Definition, interpretation, description of it; Because of differences in cultures, political, social and cultural changes in societies in history, and the difference in the look and attitude of the right and its role in society; So that varies the meaning and scope of private and private areas from culture to culture and from society to society and from time to time. "Right to privacy" has deep and close relationship with the dignity, honor, dignity, character development, personal communication, confidentiality of personal information management, personal development, self-determination and other human values; for maintaining these values are required to identify an area of privacy.

Privacy right of people is one of the basic human rights which reflected in international documents and national laws. However the new technological developments regarding to collecting, processing, and transformation of information have caused some to offend this right, which is being done so by different motivations. If there wouldn't be an effective solution to keep the right safe, the survival of "human privacy rights" is in danger.