The Privacy of the Public Authorities

The Subject of this paper is a research about the limits of the privacy of the public authorities. The problem is whether protection of privacy, about the public authorities, can be the cause of limitation of the right to know and freedom of speech. This article is a normative, theoretical and consequences – oriented study that uses law codes, doctrine and related records. Our hypothesis is that the right to know is prior to the privacy. The results show that Iranian law system, in some cases, refused the privacy for the public authorities, and with the use of unity criteria, it is possible to extend it to other cases. Theoretically, inasmuch as the right to know is requisite for freedom of speech and democracy, it is prior to the privacy. Also, this article provides the triple processes that cover those goals, and allow the judge in case of lawsuit from the public authorities to answer this question: is that disclosure in the service of public interests or is it an undue curiosity about good performance of affairs? The Judge can use of the injunction for final caution in order to protect the right of alleged violation of privacy.