A Comparative Study on the enforcement guaranty of the Right to Data Protection in the Laws of Iran and the European Union

Legal protection of personal data is essential as an aspect of human rights and an example of citizenship rights. Comprehensive protection of personal data and individuals that are subjects of data collection has been realized in some countries despite special laws and regulations in this field. In this regard, it is worth mentioning the general data protection regulations of the European Union, which is a model for comprehensive protection of personal data. One of the protective dimensions of these regulations is the specification of the guarantee of the implementation of any measure against the violation of the right to personal data. The law enforcement procedures expressed in these regulations has brought these regulations closer to their goal, i.e. restoring the violated rights of the individuals in relation to the data and realizing the full protection of personal data. One of the most important examples of such enforcement guaranty is the existence of the right to compensation and the imposition of fines by regulatory authorities. By explaining each of the aforementioned enforcement procedures based on European regulations and their comparative analysis in Iran's legal system, it was found that the enforcement guarantees are also acceptable in Iranian law for violating the right to personal data; However, the comprehensive protection of personal data and the efficient realization of this enforcement guarantees are achieved by the legislator's stipulation.