نوع مقاله : مقاله پژوهشی
عنوان مقاله English
نویسندگان English
With the expansion of communication technologies and the development of cyberspace, the violation of individuals' privacy on the Internet has become one of the most important legal and social challenges. In the Iranian legal system, privacy has been recognized as one of the fundamental rights of individuals and its protection has been foreseen in various laws, including the Constitution, the Islamic Penal Code, and the Computer Crimes Law. However, compensation for moral damages resulting from invasion of privacy in cyberspace faces challenges such as proving moral damage, determining the amount of damage, and identifying the responsible party. In this study, while analyzing the jurisprudential and legal foundations of privacy protection, the possibility and mechanisms of claiming moral damages in the Iranian legal system have been examined. The findings show that although the principle of compensation for moral damages has been accepted, the judicial practice in determining and establishing moral damages resulting from violations of privacy, especially in the cyberspace, is not uniform and coherent. Therefore, in order to strengthen the guarantee of effective implementation of individuals' private rights in cyberspace, it is necessary to amend and supplement the relevant laws and to explain more precisely the principles of civil liability.
کلیدواژهها English
