Theoretical approaches governing the determination of the right to privacy and its impact on the principles governing the right to privacy in the digital space

Articles in Press

Document Type : Original Article

Author

PhD Candidate in International Law, Faculty of Law and Political Sciences, Allameh Tabatabai University, Tehran. Iran.

10.48300/jlr.2024.431431.2526

Abstract

Defining and determining the scope of the right to privacy is one of the controversial issues in the legal literature, which is still not detailed in the international documents regarding it. This right is not defined by human rights documents, but certain things regarding the determination of the scope of these rights have been determined by judicial authorities and legal writers who introduce any criteria to determine the scope of this right. Some consider the Public or private nature of location. confidential nature of the issue and another group consider the individual's will to be effective in determining this realm, and some believe to social theory of the right to privacy, and finally, some emphasize the element of trust in determining the realm of this right. The introduction of Internet technology led to the formation of rules such as the principle of legal and fair collection of information, the principle of accuracy, the principle of originality of purpose, the principle of transparency and participation, the special legal system of the digital space was formed in the field of privacy. In this article, based on the analytical descriptive method, the influence of international documents on the protection of personal data has been tried from the theoretical perspectives of private law. By examining the aforementioned rules and principles, it can be seen that the theory of trust plays a dominant role in shaping the aforementioned principles.

Keywords

Journal of Legal Research

Articles in Press, Accepted Manuscript
Available Online from 13 January 2024

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