One of the most important criteria for determining the existence of “rule of law” (1) in a society is the level of respect and protection of privacy and individuality of its members. The more effective and efficient guarantees are in place in a legal system to safeguard and prevent intrusion into individuals’ privacy, the more achievable the rule of law will be. Based on this, the most advanced legal systems in the world have strived to eliminate unnecessary intrusion into personal space by including these guarantees at the highest level of hierarchy of laws and regulations (such as the constitution or similar supreme rules) and provide citizens with the assurance that their personal privacy and space are protected by the tool of law. In addition, numerous international documents have emphasized the importance of respecting and protecting individuals’ privacy. For example, Article 12 of the Universal Declaration of Human Rights states: “No one shall be subjected to arbitrary interference with his privacy, family, home or correspondence, nor to attacks upon his honour and reputation. Everyone

The legal system of the Islamic Republic of Iran, from its inception, has been influenced by civil laws and legal principles, and has established rules to guarantee some aspects of privacy. For example, Article 25 of the Constitution states: “Inspection, opening of letters, recording and disclosing telephone conversations, disclosure of telegraph and telex communications, censorship, failure to communicate and deliver them, eavesdropping, and any form of espionage are prohibited, except by law.” As can be seen, this article only mentions cases (which have mostly become obsolete over time and are not widely used) and the main independent principle that includes a general prohibition on entering and violating the privacy of individuals is strongly felt in the Constitution of the Islamic Republic of Iran. In addition, the final clause of this article leaves the door open for any deviation or violation of this principle by the legislative body, and as a result, it can be said that in the legal system of Iran, the principle of protecting the privacy

With the advancements in technology and the expansion of the virtual space, some other modern forms of privacy have also caught the attention of lawmakers and acceptable rules have been established to ensure the protection of individuals’ privacy in these areas. One example is Article 58 of the Electronic Commerce Law – passed in 2003 – which states: “Storing, processing, or distributing personal data that reveals ethnic or racial origins, religious or philosophical beliefs, moral characteristics, and data about the physical, mental, or sexual status of individuals without their explicit consent is illegal.”

In the current state, we have witnessed a lack of support and respect for privacy in the laws and regulations of the Islamic Republic of Iran. Recently, the Islamic Consultative Assembly has taken a thought-provoking action with the aim of changing and shaping the lifestyle of the people – which is one of the most private aspects of human life and should not be subject to personal or group preferences through the use of laws – by proposing extensive interference in the privacy of Iranians. This unjust decree, in the form of Article 75 of the Seventh Five-Year Development Plan of the Islamic Republic of Iran, and especially its subsections (a) and (b), has been approved by the Assembly and has not yet been confirmed by the Guardian Council at the time of writing this text. In subsection (a) of this article, it is stated: “The Ministry of Culture and Islamic Guidance and the Administrative and Recruitment Organization of the country are obliged, in cooperation with the Secretariat of the Supreme Council of Cultural

As it can be seen, the legislator has extended its authority beyond legal matters in the public sphere of the country and, with the entry of the corrupt into the private sphere of people’s lives, has granted permission to the Ministry of Culture and Islamic Guidance to enter the most private areas of people’s lives through the establishment of an extensive information system, and has obligated other executive bodies and holders of personal data to betray this trust. The inclusion of the condition of observing the twenty-fifth principle of the Constitution is also redundant and futile; because if the legislator is committed to observing the criteria and basis of the mentioned principle – which is the prohibition of access to personal data of individuals – it cannot, in principle, establish the provision stated in this paragraph. In other words, the implementation of this paragraph is in violation of the twenty-fifth principle of the Constitution. In any case, if this paragraph is confirmed by the Guardian Council and becomes an enforceable law, it will be the final nail

On the occasion of presenting this discussion, it is not inappropriate to mention two other remarkable paragraphs that have been approved under Article 75 of this law. In paragraph (t) of this article, it is stated: “Executive bodies, especially the ministries of culture and Islamic guidance, foreign affairs, the Islamic Republic of Iran Broadcasting Organization, the Islamic Advertising Organization, the Organization of Culture and Islamic Communications, and the Office of Islamic Advertising in the Qom Seminary, are obligated to use all cultural, artistic, and visual facilities and mass media to explain, promote, and disseminate the works, thoughts, and practical life of the founder of the Islamic Republic of Iran, Imam Khomeini (RA), nationally and internationally.” The additional paragraph (which apparently has been added to this law in the parliament’s review) also stated: “Executive bodies are obligated to promote and disseminate the thoughts of the Supreme Leader, Ayatollah Khamenei (may his high status continue), nationally and

In these days, they do not find peace, their names.

They judge the ignorant masters of knowledge.

The devil grew old and became disobedient, and fell from his work.

The devils are advocating for him.

Do not sleep, oh unaware one, and be careful of the snake.

Our belongings are now being stolen by these thieves.

Notes:

1- قانون اساسی

2- A part of a poem by Saif Farghani.