Abstract
This article discusses the legal protection of data privacy in electronic commerce in Iran. Currently, there is a gap in respect of data privacy protection in Iran as there is no specific privacy legislation in force. Consequently, e-consumers dealing in internet commerce are less protected. However there are rules and regulations in the laws in Iran such as the Islamic Republic (IR) of Iran Constitution, Computer Crimes Act, Penal Code, and Civil Liability Act which relate to privacy in general, although not directly related to data privacy in e-commerce. The Electronic Commerce Law (ECL) is the main legislation in Iran which contains some provisions on personal data privacy. This article discusses the relevant provisions in the ECL pertaining to data messages and privacy and interprets its various meanings to determine whether they are in line with well established principles found in good data privacy protection measures.
Highlights
Privacy is a person’s state of having their own personal space or data which they do not want to share with others (Xue, 2010)
The research questions in this articles are: (i) Since Iran has no specific legislation on data privacy, is the Electronic Commerce Law (ECL), which contains some provisions on data messages, adequate for protecting e-consumers?; (ii) does the provisions in the ECL fulfill salient principles of data privacy usually found in other developed jusrisdictions?
There are rules and regulations pertaining to privacy in general provided in other laws such as the Islamic Republic (IR) of Iran Constitution, Electronic Commerce Law, Computer Crimes Act, Penal Code and Civil Liability Act which have, to a certain extent, a bearing on personal or data privacy
Summary
Privacy is a person’s state of having their own personal space or data which they do not want to share with others (Xue, 2010). Literature Review In his article, “Privacy and its protection in Iran, Islamic law and comparative law”, Ansari Bagher (2004) examines Iranian information society in a global context He reviews recent initiatives of the Iranian government aimed at facilitating the development of e-commerce in Iran and examines electronic contracts and the United Nations Convention on the use of electronic communications in international contracts. He only provides limited information on the conditions of an electronic contract he points out some key provisions in Islamic law regarding the protection of the data privacy. The article only states the provisions of the ECL and does not explore the inadequacies of the law especially on privacy
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