Analyses of privacy right

*** Morteza Amiri ***

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The right to privacy, which is also referred to as the right to be alone, is one of the rights people attach to on the one hand due to personal needs, and on the other hand, because of the necessity of collective life, this right is a right to Others are recognized and respected. The best attorney in Tehran is the attorney-at-law of a justice

Traditionally, the notion of privacy is more about rights that have been linked to the interests of individuals in relation to property, and in particular land. While today’s advancement of science not only evokes the concept but also develops the realm of privacy, so today, human privacy is based on computer data, e-mails, e-conversations, etc. Comes up.

Privacy is related to a variety of issues, including culture, the type of political regime governing a community, and so on. So it’s not easy to provide a definition of privacy. The passage of time is also effective in this sense. Perhaps issues that were not privacy-based in the past are now in privacy and vice versa.

In Iran’s law, privacy has no defined concept, and in Iran’s laws, whether fundamental or ordinary, the term “privacy” has not been used, and the legislator, in general, is to use words that are meaningful enough. has done .

In general, it seems that privacy is a range of people’s lives that are determined by law and custom and not communicated to the public, so that interference in another may cause personal feelings Or despise him as a human being.

Paying attention to privacy as one of the most fundamental examples of citizenship rights has come about due to human dignity and values ​​based on a variety of freedoms and today has become one of the focal points and one of the most important human rights issues in the new era. Has been.

Many issues and repeated violations of human rights have attracted the attention of scholars on this issue, so, contrary to domestic law, international instruments, especially those drafted after World War II, have a special emphasis on this right. They are In the introduction to the Charter, one of the purposes of the United Nations is to respect human dignity and human dignity. Article 55, paragraph (c) of the aforementioned document also emphasizes the observance of human rights in general and in pursuit of this objective.

Another international document, which specifically describes the respect for humanity and the safeguarding of his personality as a task for all and considers the violation to be a violation of the international system, is the Universal Declaration of Human Rights. The text of this Declaration affects all human beings In terms of dignity and rights, and, moreover, in Article 3, he emphasizes the right to life, liberty and security for all human beings.

Article 12 of the Declaration also provides: “Privacy, family, home and correspondence, honor and dignity of individuals should not be harassed. Everyone has the right to be protected against such harassment. »

The 1966 Covenant on Civil and Political Rights also recognizes the right to personal security for all individuals in paragraph 1 of the article, and is therefore legally protected under section 17 of article 17 of privacy and privacy.

Paragraph 3 of Article 19 of the Declaration stipulates that the exercise of the right to freedom of expression and the right to freedom of expression set forth in paragraph 2 of this article entails specific rights and responsibilities and, therefore, certain special constraints may be imposed on the manner in which it is imposed. This article continues to include respect for the rights and dignity of others, as well as the preservation of public safety or public health and public morality.

The European Convention on Human Rights, which is in Article 10 on freedom of information, has already spoken in Article 8 on the protection of privacy, or that the same Article 10 mentions several exceptions, including national security, public order, Crime, health and safety of citizens and public morals.

Other international treaties of importance to privacy include Article 14 of the United Nations Convention on the Rights of Migrant Workers and Article 16 of the United Nations Convention on the Protection of Children.

The European Union, which has been formed as a regional organization for greater coordination and solidarity between its members and has powers in this regard, has issued several resolutions in this regard, such as the 1995 United Nations Council on Protection of Individuals in Linked to the use of personal data. This resolution, while emphasizing human dignity and the duty of the member states to comply with it, stipulates in Article 1: “States Parties should respect the fundamental rights and freedoms of individuals, in particular the right to privacy in relation to personal data Support. »

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