Journal of Legal Research

Journal of Legal Research

Protection of Privacy and Personal Information: A Comparative Study between Iranian Law and Canadian Law

Document Type : Original Article

Authors
1 Assistant Professor, Department of Private Law, Faculty of Law and Political Science, Mazandaran University, Babolsar, Iran.
2 PhD Student in Private Law, Faculty of Law and Political Science, Mazandaran University, Babolsar, Iran.
Abstract
The right to protection of privacy and personal information is one of the rights and freedoms that its aim is to protect the rights of individuals and respect to fundamental human rights. Identification the right to privacy and personal information and protecting it in law and determining the legal and criminal sanction, especially considering that this area is full of many problems can be challenging. The purpose of this article is to examine the protection of privacy and personal information and for understanding the laws in this area better; a comparative study has been conducted. The question of this article is what is the legal framework for the protection of privacy and personal information in Iranian and Canadian law? And Has Iranian law developed in line with other countries? In This research has studied the relevant sources and collected information by descriptive-analytical method After examining the concept of privacy, the protection of privacy and personal information in Canadian and Iranian law will be examined in detail, and finally it will be stated that a comprehensive and unified law is required in Iranian law. It is worthy, as progresses that accrue on this issue in other countries law in recent years, a single and comprehensive law should be formulated in Iranian law and legal gaps in this issue should be eliminated.
Keywords

-A. Mackey, Jared ."Privacy and the Canadian Media: Developing the New Tort of "Intrusion Upon Seclusion"with Charter Values." Western Journal of Legal Studies 2(2012): 1-26. (in English)
-Ansari, Baqir. Privacy rights. First edition, Tehran: Organization for Studying and Compiling Humanities Books of Universities (Samt), 2007 . (in persian)
- Azimi, Syed Maitham; Gholami, Ali. "Technological surveillance in the prevention of economic crimes and its challenges with information privacy". Journal of Parliament and Strategy 91 (2017): 265-290. (in persian)
-Bainbridge, David. Introduction to computer law. Fourth Edition. LONDON: longman pub Group2000. (in English)
-Bakshaishi Baiqut, Moharram and Heydari Manour, Hossein. "Privacy in Iranian law and international documents". Scientific-Promotional Quarterly of International Police Studies 29 (2017): 207-232. (in persian)
-Canadian HIV/AIDS Legal Network. "Privacy Protection and the Disclosure of Health Information, Legal Issues for People Living with HIV/AIDS in Canada." Canadian HIV/AIDS Legal Network (2004): 1-87. (in English)
- Dehkhoda, Ali Akbar. Dictionary, under the supervision of: Mohammad Moin and Seyedjaafar Shahidi. The sixth volume, second edition, Tehran: University of Tehran Publishing and Printing Institute, 1998. (in persian)
-Duncan, Fraser. "Illuminating False Light: Assessing the Case for the False Light Tort in Canada, "Dulhousie law journal 43 (2020): 605-635 . (in English)
- Eskandari, Mustafa. "The nature and importance of privacy". Journal of Islamic Government 4(2010): 176-147. (in persian)
- Faqihi, Mehdi and Jamshidi, Mohammad Javad. "User data protection: global approaches and regulatory typologies". Tehran: Vice President of Infrastructure Research and Production Affairs Office: Communication Studies and New Technologies, Research Center of the Islamic Council, 2018. (in Persian)
-Faqihi, Mehdi and Memarzadeh Tehran, Gholamreza and Rafogar Astana, Hossein. "Preservation of privacy of patients, a prerequisite for the development of electronic health". Medical Ethics Quarterly 12 (2010): 163-188. (in persian)
- Fathi, Yunus and Shahmoradi, Khairale. "The scope and territory of privacy in cyberspace". Legal Journal of Justice 99 (2016): 229-252. (in persian)
-Foord, kate. "defining privacy."Victorian law reform commission (2002): 1-47. (in English)
-Habibi, Homayun. "The right to privacy in social networks". Legal Research Quarterly 75 (2016): 39-64. . (in persian)
-H. Flaherty, David."Reflections on Reform of the Federal Privacy Act ."(2008): 1-39. (in English)
-Himo, Julie; Morin, Eve-Lyne (2021). privacy in Quebec:recent developments and takeaways for businesses , (in English) https://www.torys.com/our-latest-thinking/publications/2021/12/privacy-in-quebec
-Holvast, Jan."history of privacy."the Future of Identity in the Information Society, IFIP Advances in Information and Communication Technology 298 (2009): 13-42. (in English)
-H. Reiter,Eric ."PRIVACY AND THE CHARTER: PROTECTION OF PEOPLE OR PLACES?" THE CANADIAN BAR REVIEW 88 (2009): 119-146. (in English)
- Jafari Langroudi, Mohammad Jafar. Legal Terminology, third volume, Tehran: Ganj Danesh Publishing House, 2009. . (in persian)
-Kamal,ahmad. the law of cyber-space. 1nd ED. United Nations: the United Nations Institute for Training and Research, Palais des Nations 1211 Geneva 10, Switzerland ,2005. (in English)
 -Kardash, Adam and Kosseim, Patricia." The International Comparative Legal Guide to: Data Protection 2018."5th edition , Published by Global Legal Group(2018) 54-65. (in English)
- Katouzian, Nasser. Introduction to the science of law and the study of Iran's legal system. Seventy-sixth edition, Tehran: Publishing Company, 2010. (in persian)
- Khaki, Minnow. "Privacy from the point of view of jurisprudence". Social Science Studies Quarterly, Volume 4, 2(2018): 68-82. . (in persian)
-Kianief, Muharem. "Jones v Tsige: A Banking Law Perspective ." OTTAWA LAW REVIEW 44(3)(2013): 507-528. (in English)
- Mashhadi, Ali and Mohammadlou, Sajjad. "A comparative study of the concept and measure of the right to privacy; Customary and cultural approach". Comparative Law Research, 2 (2016): 125-166. (in persian)
-McClennan, Jennifer  & Schick, Vadim."O, Privacy" -Canada’s Importance in the Development of the International Data Privacy Regime."Georgetown Journal of international law 38(2007): 669-693. (in English)
-M. Shore; Jill and C. Dawson; paul." INFORMATION PROTECTION AND PRIVACY LEGISLATION IN CANADA", Dolden Wallace Folick LLP(2014): 1-15 . (in English)
-M.smits, jan .Elgar Encyclopedia of comparative law, second edition.UK: Edward Elgar publishing limited: 2012. (in English)
-National assembly of Quebec (2001). An Act to modernize legislative provisions as regards the protection of personal information, Québec Official Publisher. (in English)
- Rahmdel, Mansour. "Human right to privacy". Journal of Faculty of Law and Political Science, 70(2005):119-145 . (in persian).
- Raisi Dezaki, Leila and Ghasemzadeh Liasi, Flor. "Challenges of Iran's legal system in violation of personal data and privacy in cyberspace". Judicial Law Journal, 110(2019): 123-146. (in persian)
-Savoie, Alexandra; thibodeau, Maxime-olivier. "canadas federal privacy law."LIBRARY OF PARLIAMENT (2020): 1-21. (in English)
-Shah, Ronak & Reynolds, Molly & Ramsey, Joel."KEY PRIVACY AND CYBERSECURITY ISSUES FINANCIAL INSTITUTIONS SHOULD BE THINKING ABOUT", National Banking Law Review 40(1)(2021): 1-12. (in English) https://digitalcommons.osgoode.yorku.ca/cgi/viewcontent.cgi?article=3823&context=scholarly_works
-Stevens, Yuan. ""Revenge Porn”, Tort Law, and Changing Socio-Technological Realities: A Commentary on Doe 464533 v ND." CANADIAN JOURNAL OF LAW AND TECHNOLOGY15 (2016) :365-377. (in English)
-Tarihi, Fakhreddin. Bahrain Assembly, The first volume, Tehran: Mortazavi bookstore, 1416 AH. (in Erabic)
-Warren , Samuel  and Brandeis , Louis. "The Right to Privacy." Harvard Law Review 4 (1890) :193-220. (in English) 
-Westin, Alan.f. "Privacy and Freedom" Washington and lee law  review 25(1968): 166-170. (in English)
-Yavari, Asadullah. "The concept and realm of privacy in Iranian law", report of the scientific meeting (Research School of Public and International Law), Tehran: Judiciary Press and Publishing Center 2016: 52-1.(in persian)