privacy

With the emergence of new technologies and the widespread use of drones in various fields, the technical and legal challenges of cyber control over these tools have become a critical issue. This research examines these challenges and their impacts on national security, privacy, and human rights. One of the main issues in this field is the cyber vulnerabilities stemming from the dependency of drones on software and communication systems. Breaches into these systems can lead to loss of control over drones, theft of sensitive information, and even misuse of these technologies. This is especially concerning when drones are employed in military or surveillance operations, potentially resulting in irreparable consequences. Besides technical challenges, the lack of clear and effective legal frameworks to regulate drone usage is another significant concern. Existing laws often fail to address all the complex aspects of these technologies, which can lead to violations of human rights and privacy. This research aims to identify and analyze these challenges and offers practical solutions to address the current issues.

privacy is one of the important issues of citizen's rights, which has always been the subject of discussion and opinion. The purpose of this article is to examine privacy from the perspective of Imam Khomeini's thought and the Charter of Citizen Rights.

This article is descriptive and analytical. Materials and data are also qualitative and data collection was used in collecting materials and data.

Ethical considerations: 

In this article, the originality of the text, honesty and trustworthiness are respected.

In Imam Khomeini's thought, there are many examples of privacy, including "prohibition of entering shops, workplaces and homes of people without the owner's permission in order to attract or in the name of discovering crimes", "prohibition of wiretapping", "listening to tapes". Audio recording of others in the name of crime detection", "It is not permissible to spy on other people's sins and to follow people's secrets", "Not to reveal people's secrets" has been emphasized. From Imam Khomeini's point of view, espionage is permissible if "it is to discover conspiracies and confront groups opposed to the Islamic Republic of Iran, who intend to overthrow the system and assassinate personalities, and it must be ordered by the prosecutor." In the Charter of Citizen Rights, several examples of privacy are mentioned, such as the prohibition of inquisitions, the preservation and protection of private information of citizens, the non-inspection and non-delivery of letters, and the prohibition of wiretapping phones.

The examples of privacy in the Charter of Citizen Rights are repetitions of the examples of privacy in the Constitution, while not being in accordance with the law, there is no enforcement guarantee for it.

Artificial intelligence, as one of the advanced technologies of the digital era, plays an important role in improving efficiency and speeding up financial and economic processes. With the increasing use of this technology in the Islamic financial system, the study of its civil and criminal aspects has become more important, especially from the point of view of compliance with Sharia principles. The purpose of this study is to consider the applications of artificial intelligence in the Islamic financial system and to analyze its criminal and civil opportunities and challenges. This research shows that artificial intelligence can be a powerful tool for detecting and preventing crimes such as fraud, money laundering and terrorist financing, while its misuse can lead to legal challenges such as privacy violation, algorithmic fraud and financial market manipulation. Also, in order to prevent possible abuses, the necessity of strict regulation and formulation of laws that determine responsibilities and limitations within the framework of Sharia has been emphasized. The findings of this research can help Islamic financial institutions to avoid negative consequences and related financial crimes, while using artificial intelligence.

The rapid increase in the use of artificial intelligence comes with challenges and threats. Among these challenges, we can mention the use of unethical solutions, ignoring users' privacy, security concerns related to cyber, fraud and imitation as well as discrimination and inequality. On the other hand, most artificial intelligence technologies act as black boxes and their exact functionality is not known. In this regard, there is a need to formulate rules and regulations of artificial intelligence, as a supporting framework in the design, construction and safe use of this technology. Iran is also facing these challenges; therefore, the need for legislation in the field of artificial intelligence is needed; while no law has been formulated in this field and even the legislative authority for artificial intelligence has not been specified. Therefore, in this research, by examining the laws and policies made in the field of artificial intelligence in the leading countries of the world and considering the needs of the country, suggestions are presented for legislation in the field of artificial intelligence in Iran.

Today, protecting privacy in cyberspace is a major concern for the people of the world. The lack of a single organization that can manage the online space with its restrictive and strict rules has caused some websites to use small text files called cookies to collect data from users and use them for marketing in advertising networks and use third-party websites with the help of different technologies... Although it can be argued that this is a kind of marketing strategy and in most cases, it is not dangerous. However, this can lead to security concerns and privacy violations because most websites do not ask permission to use cookies and set them in the user's browser. The main question in this article is how and to what extent cookies can violate users' privacy. In response, we will say that although cookies play an essential role in enhancing the user experience and facilitating personalized interactions on the web in the broad digital technology landscape, they also come with risks that users should be aware of them. In general, there are two main risks; the first risk is a violation of users' privacy and the second risk is a security vulnerability.

A fundamental pillar of the criminal justice process—from the detection of crime to adjudication, sentencing, and enforcement—is the necessity of sufficient evidence, whether circumstantial indicators or concrete proof, to attribute criminal responsibility to the accused. This requirement is grounded in the fundamental principle of the presumption of innocence, a cornerstone of Islamic law, international human rights instruments, and constitutional frameworks, including the Constitution of the Islamic Republic of Iran. However, despite this imperative, the latter part of Article 65 of Iran’s Code of Criminal Procedure explicitly authorizes prosecutors to initiate proceedings against individuals accused of crimes against internal or external security without requiring any supporting evidence, thereby violating the presumption of innocence. Given that various provisions of the Code necessitate sufficient evidence for post-indictment measures—especially those concerning deprivation of liberty and intrusions into the privacy of the accused—prosecutors and judicial authorities, despite possessing legal authorization to initiate prosecution, lack discretion in implementing such restrictive measures without evidence. Through a qualitative descriptive-analytical examination of the provisions of the Code of Criminal Procedure, this article confirms the hypothesis that the prosecutor’s discretionary power in such cases is unfounded. The imperative to safeguard individual rights and liberties necessitates prompt legislative revision—a matter that must be duly addressed by lawmakers.

Artificial intelligence technology as the foundation of the fifth industrial revolution with its development and increasing influence in all aspects of the political, economic, social and cultural life of citizens, by creating significant changes in the provision of solutions and services, in addition to creating changes in the quality of life of individuals, many challenges has made it visible to governments and citizens at various levels. Among the most important of these emerging challenges, we can mention the challenges of artificial intelligence technology in the field of privacy. Although in the last few years, some legal systems have somehow addressed the category of privacy in the relevant laws and regulations, however, the challenges of artificial intelligence technology in this field, considering its importance and special complexities, require appropriate legal and legislative measures in order to protect It is from the privacy of individuals. Therefore, in the present article, which is arranged in a library method, an attempt has been made to point out the history of artificial intelligence technology and its types, by examining the history of legislation and regulations related to the field of privacy in the European Union and some leading countries in this field. The context, the identified challenges are enumerated and proposed legal solutions in the field of legislation to protect the privacy of individuals in the field of applying artificial intelligence in Iran's legal system are presented.

With the rapid expansion of information technology and the increasing sophistication of cybercrimes, the need for intelligent tools to combat these threats has become more pressing. Artificial Intelligence, with its capability to analyze vast and complex datasets, has emerged as a powerful tool in this domain. This research explores the role of AI in predicting and preventing cybercrimes, the challenges it faces, and potential regulatory solutions.Findings indicate that AI can predict cybercrimes by analyzing behavioral patterns and historical data. However, challenges such as privacy concerns, algorithmic bias, and uncertainty in predictions limit its application. To address these challenges, appropriate legal and ethical frameworks must be developed. Shia Islamic jurisprudence, with its fundamental principles like no harm and justice, can provide valuable insights in this regard.Ultimately, AI can play a significant role in combating cybercrime. However, to optimize its use, challenges must be identified, and suitable regulatory measures must be implemented. By integrating the principles of Shia Islamic jurisprudence and Iranian legal frameworks, a comprehensive and effective framework for using AI in cybercrime prevention can be developed.

After the scientists of Harvard University in collaboration with a group of researchers of this university invented a type of electronic monitoring technology, the attention of criminal law scientists in European countries was drawn to this monitoring method. Among them, the French legislator predicted the presence at the place of residence with electronic monitoring as a compromise [between judicial supervision and temporary detention[. Iran's legislator has also provided the obligation writ not to leave the house or place of located residence with the consent of the accused by determining the commitment amount through monitoring with electronic equipment or without monitoring with this equipment, but the position of this agreement in comparison with other secure penal writs is not clear. Using this secure writ should always be accompanied by appropriate assessment and evaluation; In such a way that the best ground for protecting the rights of the accused, the victim and the society is provided. In addition to violating the defendant's freedom of movement, electronic surveillance also violates his privacy. The findings of the current research, which were carried out with a descriptive-analytical method and by using the library tools, show that the commitment not to leave the home or place of residence is a compound action that sometimes may have the effects and characteristics of temporary detention. Therefore, in addition to the necessity of applying the "principle of proportionality criteria", attention should also be paid to deducting the term of the agreement not to leave the house or residence designated under electronic surveillance from the penalty of deprivation of liberty, and the compensation for damages caused by the application of this order should also be taken into account placed. The French legislator has explicitly predicted the principle of proportionality of the Mesures coercitives with the freedom of movement of the accused and has identified the criteria of proportionality including adeqation, necessity and appropriateness in the strict sense of the word, while the Iranian legislator has defined the way it is compatible with the freedom of movement of the accused and determining the scope and duration of this appointment has not been important at the legislative level. In order to proportionality of this writ with privacy, the French legislator has conditioned the "accused's consent" to the installation of electronic handcuffs and anklets in order to respect the dignity, integrity and privacy of the accused, but in Iranian law, the position of the accused's consent and the effects of non-compliance have not been sufficiently explained and seem to go back to the "designated place of residence".

According to Article 353 of the Criminal Procedure Law, it is allowed in the media to publish the proceeding and report of the case if it does not include the details of the plaintiff and the accused, their personal identity or their administrative and social status. This is despite the fact that the mass media publish their pictures in various stages of judicial proceedings, including the stage of court proceedings, by shading the faces of the defendants. The current research has examined the publication of these images from the perspective of rights. It should be mentioned that the information rela98ted to the background, legal evidence and the research results section was collected using the library documentary method and the data related to the measurement of the identification of the accused among the target groups was collected in an experimental way and for statistical data analysis as well. The statistical method of Pearson's correlation coefficient was used. According to the findings of this research, the publication of these images on television during the court proceedings is based on Article 353 of the Criminal Procedure Law and according to Article 697 of the Islamic Penal Code, the punishments and deterrent punishments section approved in 1996, the punishments are except in cases where If there is a limit of one month to one year of imprisonment and up to 74 lashes or one of them, it will be according to the case. On the other hand, according to Article 175 of the Constitution, the publication of these images is against the committed mission of the national media in providing information and also against the principle of innocence. In addition, broadcasting such reports, considering the identity of the accused, violates the principle of personal punishment and imposes double punishment on the accused person and his family.

The emergence of new technologies continually presents novel and unprecedented issues for scholars of Fiqh and law. Issues related to the virtual space and messaging platforms, in particular, come with their own unique complexities. One such significant and contemporary issue is the clarification of the religious and legal rulings concerning the production and distribution of so-called "hidden camera" films. In such films, an individual is placed in a fabricated environment, and their reactions are recorded via a hidden camera, often shared on virtual platforms. These films can be categorized and analyzed in various ways depending on their subject matter. This study specifically examines the rulings related to films with criminal, ethical, and emotional themes. Despite some potential benefits or justifications, it appears that the production of such films violates several religious and legal principles, including the prohibition of espionage (tajassus), backbiting (ghiba), lying, aiding in sin, filming without consent, investigating personal beliefs, and violating individuals' dignity, among other prohibited acts. Based on the views of Ayatollah Khamenei, it can be argued that multiple religious and legal prohibitions, such as backbiting and espionage, apply to the production and distribution of such films. The potential benefits of these films cannot justify their production and dissemination.

In this article, the effects of artificial intelligence on children's right to education have been investigated and solutions have been tried to protect children's rights in the dynamic world of technology and artificial intelligence. Also, the impact and interaction of artificial intelligence with the right to education and respect for privacy, freedom of expression and prohibition of discrimination are important issues and rights for children that require the attention of guardians. Improper use of artificial intelligence in the right to educate children leads to violation of privacy and damage to children's data and causes security concerns. Also, the violation of human interaction causes a decrease in human communication and children's feelings. Increasing inequality, discrimination, limiting children's freedom of expression are among the rights that are seriously demanded in relation to the right to education of children.

Security is one of the fundamental categories of citizens' lives, which interacts with the occurrence of crime and its prevention. Dependence on absolute security is not compatible with human life and is against the enjoyment and application of some rights, including the right to privacy. Prevention of crime is not only limited and exclusive to the actions after the crime, and during the commission of the crime and before it is also possible, the government in the general sense of the word, i.e. the governing powers of the legislature, the executive and the judiciary, take measures in order to realize the prevention of the crime. give Although privacy is essential in many cultures and societies; But sometimes and in case of conflict, it is possible to violate it. Of course, these violations are relative and may be different in some societies than others. The purpose of this research is to explain the consequences of the security of criminal law, which is in conflict with the violation of privacy, and the main question is what components of security-oriented prevention have the possibility of conflicting with the privacy of citizens. have? This research was done with a descriptive-analytical method and in the form of a library. The result is that the government should exercise its supervisory role in an exceptional manner and not intervene in the areas related to privacy except in the case of expediency and necessity.

The Internet is like a huge iceberg and the greatness of its visible part (the surface web) has enchanted mankind so much that no legal system can claim to be able to completely control or adequately and respond to. Still, the invisible part of the Internet- which is known as the "dark web" - is also crucially important and the attention paid to this subject by national and international law is very limited. This paper focuses on dark web and tries to explain the importance and necessity of paying attention to it. By studying international and regional instruments, national legislation and legal scholarship the we aim to examine the anonymity of the dark web from the perspective of international human rights. The main research question is the following: is it possible to invoke the right of anonymity in the dark web in international human rights? It is claimed that there is not sufficient evidence to validate the existence of an independent right to anonymity in international human rights law, which fully covers all dimensions of anonymity in dark web. On the other hand, the principles of international human rights law also reject the approach of banning anonymity.

Although the development of cyber space and new technologies has brought countless advantages and merits to human life, but it is considered a threat to the life of cyber space and one of the rights of intellectual property called hijab. Since hijab as an outer covering and chastity as an inner covering play a significant role in the social and psychological security of the society, so it is necessary to recognize and support it as an intellectual property right. In addition, identifying and supporting hijab and chastity in the position of respecting privacy and observing it is a preventive measure in the occurrence of social harm. Islamic teachings also forbid showing off in public, as it harms human beauty and real perfection as a spiritual right. From a comparative point of view, and especially the common law, trademark weakening and abuse of other unregistered trademarks are provided in the laws, which they can be an appropriate sanction in order to support the owners of creative ideas such as hijab and chastity. The present article, with the help of descriptive-analytical method, tries to highlight the protective role of the law on hijab and chastity as a right of intellectual property and privacy.

The right to protection of privacy and personal information is one of the rights and freedoms that its aim is to protect the rights of individuals and respect to fundamental human rights. Identification the right to privacy and personal information and protecting it in law and determining the legal and criminal sanction, especially considering that this area is full of many problems can be challenging. The purpose of this article is to examine the protection of privacy and personal information and for understanding the laws in this area better; a comparative study has been conducted. The question of this article is what is the legal framework for the protection of privacy and personal information in Iranian and Canadian law? And Has Iranian law developed in line with other countries? In This research has studied the relevant sources and collected information by descriptive-analytical method After examining the concept of privacy, the protection of privacy and personal information in Canadian and Iranian law will be examined in detail, and finally it will be stated that a comprehensive and unified law is required in Iranian law. It is worthy, as progresses that accrue on this issue in other countries law in recent years, a single and comprehensive law should be formulated in Iranian law and legal gaps in this issue should be eliminated.

Undoubtedly, unauthorized eavesdropping is one of the examples of invasion of privacy, which is criminalized and recognized in Iran's criminal law. The private life of individuals should be safe from attack by the Islamic government, and everyone should be diligent in protecting its privacy.Prohibition of spying is one of the solutions of Islam in the field of preventing the violation of people's privacy. Verse 12 of Surah Al-Hujrat clearly addresses the issue of the prohibition of spying, and in addition to that, there are many narrations indicating the prohibition of spying on the privacy of others. By examining the Criminal Procedure Law 92, it is concluded that the direction of this law is to protect the privacy of people and reflect the rule of prohibition of spying on their lives, especially those accused of crimes. In the current study, the legal basis of criminalizing unauthorized wiretapping has been analyzed using a descriptive-analytical method. Regarding the jurisprudential foundations of criminalization of crimes against privacy, including crimes, unauthorized access and eavesdropping, one can refer to the verses, the most important of which is the 12th verse of Surah Al-Hujrat, the hadiths, the way of the infallible, the consensus of jurists, and the Muslim principles of jurisprudence, including Asl, Abahah The basic rule of the right to privacy of individuals, trusting appearances and good faith, pointed out that some explicitly and some implicitly mentioned the prohibition of privacy violations and protection of privacy, and the basis of criminalizing crimes against privacy. are located; Because both in the verses and in the aforementioned traditions and principles of jurisprudence, people are prohibited from investigating each other's lives and affairs, and sometimes both worldly and hereafter punishments are considered for them. are dealt with and a punishment has been prescribed for them.

The ease of access to information sources in cyberspace and the possibility of uploading information by users has made a great deal of data regarding people's lives and history available to the public. The rapid dissemination of information and its persistence in various websites and networks has caused users to judge people relying on their past and current data. If the past data is related to matters such as committing a crime, bankruptcy or unacceptable behavior of a person in the past, it will make it difficult for him to change and rehabilitate socially. Therefore, in recent years, the need to create such a right as the "right to be forgotten" has been emphasized by some countries, especially European ones.  The result of this study revealed that, "With the acceptance of the 'right to be forgotten,' anyone can request the deletion of information that has previously been uploaded on websites and social media, either by themselves or in relation to them; provided that they can prove the lack of relevance, insufficiency, or excess beyond the initial purpose of the upload.The exercise of this right will be especially beneficial for individuals who have a criminal record or those who have faced bankruptcy in the business world. Although the aforementioned right has attracted the attention of many jurists, some others have approached it with greater caution and have sometimes criticized it. the 'right to be forgotten' may only be accepted in cases where the individual has uploaded data to the virtual space without any necessary electronic contract and is now requesting its deletion. Additionally, it is possible to envision situations where minors have published data and, upon reaching adulthood, wish to have it deleted. This ruling has even been acknowledged in countries that oppose the 'right to be forgotten.' However, regarding the first case, it should be stated that the individual's revocation of their consent to upload information is in accordance with the rule, and fundamentally, deleting data as a result of revoking consent cannot be considered an exercise of the 'right to be forgotten.' Ultimately, it is expected that advocates for the creation of such a right will regard it as an exception to the principle of freedom of expression, rather than assuming that data deletion is inherently permissible as stated in Article 17 of the general regulations. Examining the arguments set forth by both supporters and opponents, we can come to the conclusion that the exercise of this right would be in conflict with such other fundamental rights as those of freedom of expression and free access to information and therefore the presumption should be the impossibility of deleting data. Of course, the generality of this principle is restricted to the right of children to delete personal data.

Privacy is the circle and range in which the personal characteristics of people are protected and kept hidden. With the expansion of communication in the field of health, the issue of patients' image rights in media information has gained special importance. The purpose of this research is the jurisprudential study of the patient's image right in the mass media and to analyze the extent to which this right is observed in the news reports of Islamic Republic of Iran News Network. In this study, using the quantitative content analysis method, all the news reports related to patients in the period of 01/01 1402 until 06/31/1402 were broadcasted on the News Network and were reviewed. The results showed that the image rights of the patients were not respected in these reports and the most violations occurred in the intensive care unit (ICU) and during anesthesia of the patients. Also, the analysis of jurisprudential evidence indicates that it is forbidden to publish pictures of patients without their permission, based on rules such as sovereignty, preservation of honor and dignity, prohibition of surveillance and commitment to secrecy. On the other hand, according to articles 76, 87, and 88 of the general guide of professional ethics for medical professionals, information related to patients, including taking pictures and filming the patient and publishing it at the public level, is subject to the patient's permission. Therefore, the national media should consider it obligatory to obtain their direct permission to publish pictures of the patients.

Social networks have shaped a major part of our lives today. In addition to benefits for societies, this phenomenon has also brought disadvantages. One of these important problems is breach of users' privacy in social networks. Social networks have access to the data and information of many of their users, who can use that information for different purposes. Therefore, it is necessary to protect the information and privacy of the users more than before. The main question is whether collecting, categorizing and selling users' information in social networks is a breach of their privacy? And what solutions are there to deal with it? In this article, using the analytical descriptive research method, the above issue has been investigated. Finally, this article has reached the conclusion that the use of users' information by social networks is a breach of users' privacy, and it is not possible to accept all conditions when users register in social networks as the user's consent to use their data. Therefore, it is necessary to regulate the use of user information in social networks and prevent further misuse of user information. In this regard, there are three main solutions (regulation, self-regulation and tax collection). It is not effective to use only one method to protect users' data. it is recommended to use a combination of the aforementioned methods, but the most effective method in this regard is to impose a tax on social networks and spend these amounts to develop digital security and protect users' data and compensation for damages. In Iran, due to the existence of a legal gap, in order to protect users' data, a law should be approved to protect users and their information in social networks.