Exceptions to the Prohibition on Processing Special Categories of Personal Data in Communication Networks and Appropriate Policy-Making: A Comparative Study of the Legal Systems of the European Union and Iran

Document Type : Original Article

Authors

1 PhD in Public Law, Faculty of Law and Political Science, University of Tehran, Tehran, Iran.

2 PhD in Private Law, University of Judicial Sciences and Administrative Services, Tehran, Iran .

Abstract

A network refers to interconnected computers that process information. The data processed in communication networks can be categorized into personal and non-personal information. Non-personal data consists of information that is publicly accessible and can be processed without formalities or restrictions. In contrast, personal data refers to information that, directly or indirectly, leads to the identification of individuals and whose processing requires certain conditions and prerequisites. Among personal data, a particular subset—referred to as ‘special categories of personal data’—is subject to stricter limitations on processing. Nevertheless, lawmakers in various jurisdictions have provided exceptions to these prohibitions based on specific interests or considerations. The central question of this study is: What are the exceptions to the prohibition on processing special categories of personal data in communication networks? To answer this question, this research adopts a document-based and comparative method, examining the legal systems of Iran and the European Union. It classifies the exceptions into two categories: involuntary (statutory) and contractual exceptions. In its conclusion, the study also offers policy recommendations to address the existing legal gaps in Iran’s legal system.

Keywords

References

In Persian
Aghaei Touq, Muslim, Naser, Mahdi, (1403), Limits of applying the rules of protection of information processing in communication networks: a comparative study in the laws of Iran and the European Union, Comparative Public Law Quarterly, Volume 1, Number 2, pp. 20 -41
Larijani, Maryam, (1999), Locke's Theory: Consent or Contract, Philosophical-Theological Research Quarterly, Volume 9, Number 4, 1387, pp. 178-147
Latif Zadeh, Mahdieh, Gubouli Darafshan, Seyed Mohammad Mahdi, Mohseni, Saeed, (2022), Explanation of the reasons for the legitimacy of personal data processing from the perspective of European Union and Iranian laws, Legal Studies Quarterly, pp. 335-364
 
 
 
Journal of Comparative Public Law
Volume 1, Issue 4 - Serial Number 4
December 2024
Pages 1-24

Files

Share

How to cite

Statistics