Intervention and Control of Peoples’ Privacy and Its Connection with the Judiciary, Jurisprudence, and Criminal Policy

Privacy is directly associated with the individuals’ rights and freedoms and considered as an example of human rights in Islam. The necessity to recognize the privacy concepts and examples inevitably propels us to peruse the law and investigate how the judge intervenes in it in the judiciary. The transcendent form this will not be realized except by knowing the privacy concepts and realm as well as its connection with jurisprudence and ethical issues besides the new criminal policy data. Apart from the “Privacy Protection” plan, waiting in the approval queue for almost 15 years, no definition of privacy is found in Iran’s legislative criminal policy, and supporting this legal phenomenon has been just sporadically emphasized only through stating some examples of privacy. After exploring the privacy concept and legislative issues, this study considers the “central freedom” approach under “governing principles” in laws as the best model proposed according to the Islamic principles and rules in order for the privacy of individuals to be protected under the shadow of clear laws. To achieve the goal, the present paper addresses the issue by correlation/harmony method and library method through basic research type.