Empty space of security

The role and importance of communication and information technology in the 21st century world is undeniable. It can confidently be said that the gap between people’s presence in the virtual space and the real world is rapidly closing. In just one year (April 2021 to April 2022), two hundred million more people have been added to the number of internet users, and according to estimates in May 2022, nearly five billion people are present in the virtual space. Of this number, forty-eight percent are women.

Along with the unprecedented growth of digital technology, which has brought valuable achievements for human society, surveillance, collection, and recording of personal data have also been transformed and have become a cause for concern and activism among human rights defenders, social justice advocates, and feminists. The United Nations High Commissioner for Human Rights issued two statements in September 2013 and February 2014, expressing concern about the widespread surveillance and collection of personal data, and the lack of privacy protection for individuals. As a result, the human right to privacy has officially been recognized as one of the fundamental human rights.

Letter No. 167/67, dated December 2013, emphasizes that the right to privacy is not only among human rights, but also that no one should be subjected to arbitrary and unlawful interference with their privacy at home, in correspondence, and in communications. This right, like other provisions of the Universal Declaration of Human Rights, is universal and includes government surveillance both within and outside borders, tracking of digital information, and recording of personal data that individuals provide for their presence in the virtual space.

Human rights include the protection of privacy in the virtual space, closely related to other human rights such as freedom of expression and the right to assembly.

The reality is that recording personal information and violating the privacy of others is not only in the hands of police organizations and government institutions, but also large technology companies such as Facebook and Google, with the intention of maximizing their profits, collect, monitor, and record photos, sounds, opinions, emotions, group affiliations, and political positions. In other words, privacy has lost its meaning and personal data has become a commodity that is subject to buying and selling, and privacy is no longer a taboo that remains silent when violated.

Governments and judicial systems of countries have the most important role in preserving and protecting individuals’ privacy; as it is expected that governments and judicial systems regulate the enthusiasm of private companies and large technology companies by relying on international and domestic laws. However, the reality is that the unprecedented power of large technology companies has also challenged governments and their capabilities.

Edward Snowden revealed classified communications and documents of the National Security Agency (NSA) in June 2013, which showed that the United States and England were involved in global surveillance, collection, and recording of internet and phone activities. The scandal of the “PRISM program” conducted by the NSA under the guise of counterterrorism dispelled suspicions about control and recording of personal data and encroachment on privacy.

It should be noted that national and international laws are moving slower in terms of monitoring, recording, and collecting information regarding developments, especially digital technology.

UN resolutions and recognition of the right to privacy as one of the human rights, alongside concerns about the advancements and applications of surveillance technology, have paved the way for a new social movement to protect and defend this human right on a global level. Today, this movement strives to defend individuals’ human rights in the face of invasion and violation of privacy, and create encouraging conditions for people to participate in this social movement and hold governments and private companies accountable for their actions.

In this social movement, various topics are being discussed. On the EFF website, forty topics are categorized under the title of privacy.

Human society is experiencing the defense of its most fundamental rights and we know well that when we talk about privacy, we mean a right that is closely related to other human rights. It is crucial to understand that the right to protect personal data in the virtual space is not just an individual right; it is a right that humans have in order to prevent their communications from being monitored and interfered with. It is not just the right to freely express ourselves; it is not just the right to interact with the outside world, to belong to the groups we choose. The digital collection, recording, and surveillance by those in positions of power and large technology companies have created the possibility to manage this information, based on gender, race, social class, age, gender identity, and other discriminatory categories and purposes. Just as these categories have been the basis for gender, class, racial, and other forms of oppression and have created immense and long-lasting divides, the collection, recording, and surveillance of our presence in

There are also concerns about privacy monitoring in the digital realm using this technology for criminalization of groups that oppose power structures in various countries. Surveillance technology and recording of personal interactions and data not only facilitates police and intelligence agencies, but also provides access to information that was previously not available to them. For example, we can refer to “traces” that we leave behind with every interaction in the digital space, including geographic location, time, duration of internet connection, recording of access to websites and web pages, specific platforms, behavioral habits, lifestyle, interests, thoughts, and other factors. These are data that are accessible to those in power.

Privacy and gender

Investigating privacy and violation of human rights with a focus on sexual and gender sensitivities is slowly shifting from the margins to the center of human rights and feminist studies today.

The reality is that the violation of human rights and protection of privacy, whether by governments or large technology companies, has a higher cost for women and girls. Today, 48% of the five billion people online are women, making it crucial for governments and company owners to prioritize the protection of women’s and girls’ human rights in the virtual space. Necessary education and awareness must also be provided in personal and group interactions to ensure the safety of women and girls in the online world, but unfortunately, this is not always the case.

This is not surprising, as despite the encouragement of women to enter the field of technology in local, national, and global projects, the field of technology is still considered a male-dominated area. As of 2019, only 23% of those working at Facebook, Apple, and Google were women; in addition, decision-makers and policymakers in the digital field – both in the public and private sectors – have still been mostly men. It should be noted that of this 23% of women, the majority have been working in legal, security, and service departments of these companies, rather than in the design and engineering of various applications.

Considering that women and girls experience the most attacks, harassment, abuse, violence, and threats alongside gender minorities, the absence of women becomes particularly significant.

The collection of risks, dangers, and costs that women face in terms of invasion of privacy and their presence on the internet can be managed by smarter technology than what is currently available to everyone, but planning, designing, and investing in these projects is not given the priority it deserves.

For example, VPN (Virtual Private Network) is one of the technological tools that can greatly enhance privacy and security in the virtual space. According to the Global Web Index research in 2018, only 37% of VPN users were women. The widespread presence of women, along with the lack of access to technological tools for protection and security in the virtual space, and the high cost that women and girls, along with other marginalized genders, have to pay to be present in the virtual space, has reinforced the idea that defending digital privacy is a feminist issue. Women and girls also face numerous forms of harassment and data breaches in their personal interactions. Anita Allen discusses in her legal work “How to Claim Your Sexual Privacy” on the Penn State website, how laws are influenced by a male perspective in defining “privacy”. Feminist theorists such as Catharine A. MacKinnon point out the separation of private and public space and the definition of privacy as one of the manifestations of a patriarchal

In the world of the 21st century, this separation of private and public spheres relies on surveillance technology and the collection and recording of information as a form of protective measures. It also allows for the masking of individuals’ true identities in the virtual space, which can make tracking more difficult, but also creates a platform for harassment, violence, and various forms of abuse on the internet. The complexity and multi-layered nature of protecting individuals’ identities in the virtual space and privacy requires a balance to prevent bullying, harassment, and violence, which can only be achieved through laws based on human rights standards. Therefore, it is necessary to understand the concept of privacy for women and girls within a legal framework and a gender-sensitive approach.

Iran and privacy

The IRNA news agency in Iran announced in March of this year that despite challenges and strict government control in the virtual space, the internet penetration rate has surpassed 122% compared to the past. Undoubtedly, the coronavirus and the decrease in social, economic, educational, and health activities have played a major role in this upward trend. Iran, like other countries in the region, has restricted access to many websites and social media platforms. In January 2020, the internet penetration rate was estimated at 70% and the number of internet users was close to 58.42 million, while the World Bank estimates the number of internet users to be higher than Iran’s statistics. The Ministry of Communications of Iran states on its official website that half of the country’s women have access to the internet and 23% of mobile app developers are women.

In Iran, the Cyber Police is responsible for monitoring internet activities and is considered a specialized law enforcement unit in the Islamic Republic. The concept of privacy is defined in Article 22 of the Constitution as follows: “The dignity, life, property, rights, residence, and occupation of individuals are inviolable, except in cases where the law permits.” Article 25 of the Constitution also states that “inspection and opening of letters, recording and disclosing telephone conversations, disclosure of telegraphic and fax communications, censorship, failure to communicate and deliver them, eavesdropping, and any form of espionage is prohibited, except by law.” Furthermore, Article 39 of the Constitution states that “violating the dignity and privacy of a person who has been arrested, detained, imprisoned, or exiled by law is prohibited and punishable.” These principles, along with articles 4, 150, and 152 of the Islamic Penal Code and an eight-article decree issued on December 24, 1982

Given the gender discrimination in Iran and the limitations on human rights in the area of privacy, as well as the lack of access to studies and research that examine privacy with a sensitivity towards gender and sexuality, it must be said that privacy and control over sexual power, despite the supposed equality in rights for all citizens, are heavily violated and attacked by the patriarchal system. This is happening while public space and the public sphere are also attempting to engineer society with values that are outdated and based on the traditional roles of women in the home and society.

Human rights defenders should challenge and raise awareness about cases of violation of women and girls’ privacy by those in positions of power, government officials, businesses, and profiteers who collect and gather personal data and violate their privacy, or exploit them for their own gain. The vast and tense gap in the presence of women and girls in the virtual space and traditional patriarchal beliefs in many families have paved the way for violence and honor killings; violence that often leads to women being subjected to another cycle of violence by the government.

In hope for a day when respect for human rights and protection of individuals’ privacy is considered alongside other human rights, all around the world.