Faṣlnāmah-i Pizhūhish-i Huqūq-i Khuṣūṣī (May 2017)

Civil Liability of Violation of Data Privacy in Imamieh Jurisprudence and statutory law

  • Ali Jafari,
  • Mohammad Reza Rahbarpour

DOI
https://doi.org/10.22054/jplr.2017.7404
Journal volume & issue
Vol. 5, no. 18
pp. 43 – 74

Abstract

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The importance of the violation of data privacy is due to technological developmentsand possibility of more violation of privacy. Civil liability of violating data privacyis more complicated than civil liability of evading other subjects of privacy such ascorporeal or physical privacy, locative privacy and communications privacy. Thisarticle, despite other subjects, discusses exploitation of the issue and annihilation ofdata privacy. Some lawyers believe in ownership of data privacy. These two issues(annihilation of data privacy and considering data privacy as property), turn thedirection of discussions about civil liability of evading data privacy.The present paperrepresents the concept of data privacy and discusses the three bases of civil liabilityof violating data privacy. In addition, ownership theories and annihilation of dataprivacy and also the effect of these two issues on civil liability of violating dataprivacy will be investigated. Finally, we study data privacy torts, civil wrongs whichcause civil liability of data privacy violation.

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