جستجوی مقالات مرتبط با کلیدواژه « right to privacy » 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.

The proliferation of Coronavirus around the world and the need to maintain the health of individuals in society have forced many governments to impose restrictions on citizens' rights by imposing social distances, quarantine and closure of educational, economic and sports centers. One important action of governments in combating the spread of coronavirus is the digital tracking of people infected by coronavirus in some countries. This article seeks to answer the following questions. First of all, due to application of this policy in which aspect or aspects of protection of privacy can the states intervene? Second, given that the imposition of restrictions must be done where necessary, the question arises as to whether the restrictions imposed as a result of the digital tracking of people infected or suspected of having the corona virus and its transmission to other members of the community were commensurate with the need to maintain the health of members of the community. An examination of the various measures taken in countries around the world shows that the restrictions imposed on privacy can be justified by simultaneously respecting the health of the citizens of the community as well as the provisions of international human rights law.

The Internet of Things is the technology of connecting things, humans and animals in a network that has wide dimensions in current human life. Its importance has increased as the issue of protecting people's rights, such as protecting their privacy, has grown. Accordingly, this paper's fundamental question is the relationship between the right to privacy as a human right and the right to the internet of things in Iran's legal system. The right to privacy is one of the first-generation rights that conflict with the right to enjoy the Internet of Things. The second right relates to economic and social rights, whose proof was disputed under international law. In addition, the rank of this right was lower compared to other examples of social and economic rights. In the future, it may be possible to ignore the fulfilment of the right to privacy if it becomes one of the necessities of human life. The content of the right to privacy in the area of the Internet of Things included the management and monitoring of one's data on the one hand and, on the other hand, compliance with security in the three areas: security of the Internet of Things systems and related systems against hacking and intrusion, security and observance of the principles during the legal collection of data and security during the storage and use of data. In addition, they should observe legal and ethical principles during collecting and using personal data in Iran. Other examples of violating individuals' privacy rights in the field of the Internet of Things in Iran are insulting people, obtaining unauthorised access to data on the Internet of Things system, making data publicly available, deleting or destroying data, disrupting or disabling Internet of Things systems, etc. We conclude that approving laws and cultural policies is the best solution to support this right

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.

Simultaneous with glorious development in the realm of sanitary and hygiene, because of increasing in the age of life expectancy in one hand and reduction of tendency to birth in another hand, various societies face to the phenomenon of "population aging". Growth of Misbehaviors against seniors in these societies emerges a new field of protective law as “the elderly Rights”. Right to privacy and Independence of action is one of these rights. Health and Maintenance centers and the home environment are three space which the right has very important role on them. This article studies the position of the right to privacy in the life of seniors and necessity of intervention of Government to ensure it. We believe that protecting of principle of confidentiality of medical information in health centers, the right to treatment privacy in Maintenance centers and acceptance of relative definition of privacy about home and family life is essential for the subject matter. Also this claim is approved that in the conflict of rights of seniors with other’s and when the Human Dignity Principle is violated (such as Euthanasia), Government must provide limitation in the right to privacy and Independence of action.

The right to privacy is one of the most fundamental rights closely related to human dignity, independence, and freedom of individuals. Its basis is respecting the physical and spiritual integrity of human beings. This right has been specified in various national and international documents. Also, one of the main criteria for achieving security in any society is that people feel that their right to privacy is protected. Still, sometimes the privacy of some people may be ignored due to their special status and position in society, such as people who are in the poverty class due to their livelihood and economic situation. Meanwhile, children dealing with poverty may be more affected by the effects of privacy violations, for example, the image or information of the child may be used to gain some economic and extra-economic benefits or even collect donations, therefore, the physical, information, and communication privacy of the child is neglected. This research is a descriptive-analytical method and the method of collecting information is in the form of a library by referring to books, articles, dissertations, rules, and regulations. The research results show that one of the main platforms that have challenged the privacy of children dealing with poverty in recent years is social media, which has become a challenge to their privacy with the publication of children's images and information. The need to protect the confidentiality of this type of people is felt more and more due to their special status and position in society.

The right to privacy is subject was defined by Shariah and law and it refer to exploration prohibition and kind of human life aspects which are called positivism area. Article constitution is known as one of the most important rights for people in community closely linked to the right to privacy. The authors, considering that the prisoners are also human and his conviction should not deprive him of human rights. In this research, the authors consider to explain the dimensions and extent of right to privacy in three axes: physical, mental, and financial and estate that, although the imprisonment should be removed or replaced with other punishment, but until then, the detained person should have other human rights other than those specifically deprived of his liberty and in accordance with the purposes and principles of the prison and also should codify an enforcement in  statutes against prisoner’s law breach ؛This constitution is known as one of the most important rights for people in community closely linked to the right to privacy.

Fight to terrorism is very necessary and states always use their power to fight this phenomenon. Anti-terroristic action are being taken under the society`s general benefits and in this way, the personal human rights is being intervened and violated some time. For instance, the citizens` privacy is being violated in order to fight and prevent the terroristic attacks.
As recently Europe is under the crisis of severe migration and some terroristic acts, and consequently the states inevitably restrict some aspects of right to privacy, this paper is seeking to evaluate the states` practice according to the European convention of human rights and in accordance with the European court of human rights` practice and respond whether it is possible to sacrifice the fundamental human rights to fighting terrorism.
Finally, according to the European convention of human rights and the European court of human rights` case law besides the guidelines of council of Europe, under special circumstances, we could respect the right to privacy and decrease this right`s scope limitedly and temporarily in order to pursue important purposes like maintaining the society as a whole or following the important social needs.

Right on voice is one of the rights which protect of person’s voice and sound and prohibit of imitation (sound effects) and sound forgery. Today on the light of increasing developments of communications this right includes some forms and instances which protected by legal systems in different ways. In some of the legal systems, this right has recognized on the basis of personality rights and right to privacy or intellectual property rights. But in others, use of elements of identity by celebrities without permission in order to get benefit, has guaranteed in spite of the personality right and it has led to recognize an independent right as right of publicity which right to voice is an instance of that right. So analyses about position of voice and the question that the right to voice in which legal format will have proper protection consists the aim of this research which after a short analyses about personality right, right of publicity and copyright, we will try to analyses that right. It seems that in legal system of Iran, right to voice is supported on the basis of personality rights and intellectual property rights

In the existing regulations, the harim (privacy) has a special function. Concerning the subject of the privacy, there are different regulations which each of them has used the privacy in according with the nature of its subject. Since in the different laws, the legislator has not followed a similar procedure, the legal nature and foundation of the privacy has remained vague. In articles 137 and 138 of the civil code, based on the famous jurisprudents` approach, the extent of some harims has been emphasized, while in other regulations, the famous theory has sometimes been accepted and, in some cases, has not been followed by reason of the necessity. In addition, in Article 136, the basis of the privacy is completeness of profit, and article 139 is to prevent the loss which the logical aspect of the combination of these two mentioned articles has been doubted. Since in the case of ambiguity of the legal regulations, a judge is obliged to infer the judgment of the issue by reference of the valid jurisprudential sources, it can be said that according to jurisprudential principles and criteria, the basis of the benefit perfection is to consider possession of the owner`s privacy and without taking an account of the other estates, or owners and privacy; but the foundation of preventing the loss is raised in the event that there is another right which in the case of conflict between completeness of benefit and loss, the rule of la zarar (there shall be no loss and damage in Islam) is made a priority.

National security and the attempts for substantiating and protecting it, are of the main tasks in any political system. However, terrorism, as one of the most serious threats to the security of any political system, has evolved from its traditional form with the help of technological advances in recent decades and found a new place in cyberspace that comparing to its previous form, it becomes even more advanced and dangerous. In fact, terrorism, in its new place and form, has increasingly put the security of countries at risk. National security may be protected by such measures as punishment of the terrorists and/or implementation of crime prevention policies, but, measures taken for protecting security may conflict with the right to privacy in some cases. Thus, such conflict has raised a question regarding which one is prior to the other and therefore, should be put first. This article seeks to answer such question.

The Right to privacy and protection of private and family data is a one of the most important rights enshrined in various international human rights documents including the European Convention on Human Rights. First, the Convention defines in its article 8, the right to privacy, and then, provides the possibility of the restriction in certain circumstances. This article intends to consider and to criticize the European Court of Human Rights’ practice about the alleged violation of obligations under article 8 of the Convention and other principles of international human rights law, and finally, to examine integrity, stability, certainity and fairness of Court’s case law. The study of the Court’s case law indicates that it has established a solid jurisprudence which determines its applications and develops its instances in the full implementation of the Convention.

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.

This article first reviews the importance and the positive impact of the internet in our environment, and refers to the threats to users’ personal data, especially those very difficult to delete. The article then examines the possibility of removing personal data from the internet known as the right to be forgotten, and studies the European standards as to data protection and the right to informational self determination. The article finally analyses the theoretical as well as practical challenges between the right to be forgotten and freedom of expression, and, as a conclusion, provides certain suggestions in order to resolve the conflict between the two.

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.