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Issue Info: 
  • Year: 

    2025
  • Volume: 

    6
  • Issue: 

    12
  • Pages: 

    275-292
Measures: 
  • Citations: 

    0
  • Views: 

    9
  • Downloads: 

    0
Keywords: 
Abstract: 

In today's digital era, where the internet and digital technologies play an integral role in children's lives, safeguarding their Data has become critical. The General Data protection Regulation (GDPR) of the European Union stands as one of the most comprehensive legal frameworks addressing this concern. It mandates parental consent for Data processing, promotes the use of simple language for children's understanding, and upholds the right to Data deletion. Additionally, the GDPR enforces strict limitations on processing children's Data and ensures specific rights to them. However, Iran's legal system still lacks a structured and comprehensive regulatory framework for protecting children's Data. Although initiatives like the "Personal Data protection and Support Plan" have been introduced, they fail to explicitly prioritize children's Data protection. The rapid growth of online platforms and services targeting children has raised serious concerns about privacy and Data security. Social media, educational applications, and gaming platforms often collect and process children's Data without adequate safeguards, exposing them to potential risks such as identity theft, unauthorized profiling, and targeted advertising. The GDPR has sought to address these concerns by introducing stringent measures that hold Data controllers accountable for the lawful and transparent processing of children's Data. Conversely, Iran’s legal framework remains underdeveloped in this area, lacking clear guidelines and enforcement mechanisms to ensure children’s Data privacy. Keywords: Child, Personal Data, protection, General Data protection Regulation (GDPR) 1. IntroductionChildren are increasingly engaged in digital environments, making their Data vulnerable to misuse and exploitation. The internet has revolutionized access to information, communication, and entertainment, allowing children to interact in virtual spaces that were previously inaccessible. However, this increased connectivity has also led to new challenges concerning privacy, security, and digital rights. With the expansion of digital technologies, children’s Data has become a valuable commodity for companies and organizations that seek to analyze user behavior, target advertisements, and develop consumer profiles. This commercialization of Data has raised ethical and legal concerns, particularly regarding the extent to which children's information should be collected, stored, and processed.While digital platforms provide numerous benefits, such as educational resources and social networking opportunities, they also expose children to potential risks. Cyberbullying, identity theft, and exploitation are just some of the dangers that children face in the online world. The lack of legal literacy among children, coupled with their limited understanding of privacy policies, makes them particularly vulnerable to Data misuse. Consequently, there is an urgent need for governments and regulatory bodies to implement policies that protect children from these threats and ensure their digital rights are safeguarded.The GDPR was introduced to address these challenges by establishing a legal framework that prioritizes the protection of children's Data. By requiring companies to obtain parental consent before processing children's Data, the GDPR aims to reduce unauthorized Data collection and provide greater transparency in how Data is used. Furthermore, the regulation emphasizes the need for child-friendly privacy policies that are easy to understand and accessible to younger audiences. These measures ensure that children and their guardians can make informed decisions about their digital presence and the Data they share online.Despite the advancements brought by the GDPR, many countries, including Iran, have yet to implement comparable regulations. Iran's current legal framework on Data protection is fragmented and lacks specific provisions that address children's online privacy. While some legislative efforts have been made, such as the proposed "Personal Data protection and Support Plan," they fail to comprehensively address children's digital rights. This gap in regulation leaves Iranian children exposed to potential Data exploitation without adequate legal recourse.The primary objective of this study is to compare GDPR's child Data protection mechanisms with Iran's current legal framework and to highlight the gaps that necessitate legal reforms. By analyzing both legal systems, this research aims to provide insights into the challenges and opportunities associated with protecting children's online privacy in Iran. Additionally, the study explores the broader socio-cultural implications of implementing stricter Data protection policies and the potential impact on businesses, education systems, and digital governance.With the proliferation of digital technologies, children's Data is often collected, processed, and stored without their informed consent. The absence of comprehensive regulations in Iran leaves children susceptible to online threats, including cyberbullying, unauthorized Data sharing, and surveillance. Given these challenges, the study aims to provide a comparative legal analysis that will assist policymakers in formulating effective Data protection strategies tailored to children's needs. By drawing lessons from the GDPR, Iran can develop a robust legal framework that prioritizes children's digital rights and ensures that their Data remains secure in an increasingly connected world. 2. MethodologyThis study employs a comparative legal analysis method, examining the GDPR’s provisions on children's Data protection alongside Iranian laws. Data is gathered from legislative documents, legal analyses, and international reports on children's digital privacy. The study also incorporates case studies and expert opinions to identify key areas where Iran's legal system requires improvement. The analysis further explores the socio-cultural implications of adopting stricter Data protection policies in Iran.A qualitative research approach is utilized, involving document analysis and expert interviews to assess the effectiveness of existing legal frameworks. Furthermore, international best practices are reviewed to propose policy recommendations that align with global standards. By adopting a multidisciplinary perspective, the study aims to bridge the legal and technological gaps in child Data protection. 3. Results and DiscussionThe study identifies several key differences between GDPR and Iranian laws regarding children's Data protection:Age of Consent: The GDPR sets the digital age of consent at 16, allowing member states to reduce it to 13. Iran, however, follows Islamic legal age definitions (9 years for girls, 15 for boys), which significantly undermines children's ability to make informed privacy decisions. The discrepancy between the legal age of consent in Iran and international norms exposes Iranian children to potential Data exploitation. Transparency and Language: The GDPR mandates that digital service providers use child-friendly, simple language in privacy policies. Iranian regulations lack explicit provisions requiring clear and understandable communication with children. Without accessible privacy policies, children in Iran are less likely to understand their digital rights and responsibilities. Marketing and Data Use Restrictions: GDPR imposes strict limits on the use of children's Data for marketing and profiling, whereas Iranian laws do not explicitly prohibit Data exploitation for commercial purposes. As a result, children in Iran may be targeted by advertisers and Data brokers without adequate legal protections. Right to Data Deletion: Under the GDPR, children have the right to request Data deletion, an essential safeguard against long-term privacy risks. Iran's legal system lacks explicit guarantees for such rights, leaving children's digital footprints unprotected. The absence of a "right to be forgotten" provision in Iran further complicates efforts to safeguard children's online privacy.The findings highlight the need for urgent reforms in Iran’s legal framework to align with global best practices. Implementing child-specific Data protection measures can reduce the risk of cyber exploitation and unauthorized Data processing. Additionally, integrating privacy education into school curricula can empower children and parents to navigate digital environments safely.A comprehensive policy shift is required to ensure that Iran adopts child-centric Data protection laws. Legal reforms should be accompanied by technological solutions, such as age-verification mechanisms and parental control tools, to enhance the safety of children’s online experiences. Moreover, collaboration between government agencies, educational institutions, and the private sector is essential to developing an effective child Data protection ecosystem. 4. Conclusions and Future ResearchThe study concludes that Iran must establish a legal framework similar to the GDPR to ensure children's online safety. Key recommendations include:Raising the legal age of consent for Data processing to 18 to align with international child protection standards.Mandating the use of clear and comprehensible language in privacy policies for children to ensure transparency and informed decision-making.Introducing strict regulations limiting the commercial use of children's Data and prohibiting targeted advertising practices that exploit minors.Recognizing and enforcing children's right to Data deletion to protect them from potential digital harm.Implementing digital literacy programs to educate children and parents about online privacy risks and responsible internet use.Establishing an independent regulatory body dedicated to monitoring and enforcing child Data protection laws.Encouraging private sector compliance with ethical Data handling practices through incentives and penalties.Promoting cross-sectoral collaboration between government agencies, tech companies, and advocacy groups to ensure a holistic approach to child Data protection.Conducting periodic assessments and revisions of child Data protection policies to keep pace with technological advancements and emerging threats.Enhancing international cooperation to adopt best practices from global Data protection frameworks and ensure seamless integration into Iran’s legal landscape.By adopting these measures, Iran can create a safer digital landscape for children, ensuring their fundamental right to privacy is protected in the evolving digital age. Addressing legislative gaps and fostering a culture of Data privacy awareness will ultimately empower children to navigate the digital world securely and responsibly.

Yearly Impact: مرکز اطلاعات علمی Scientific Information Database (SID) - Trusted Source for Research and Academic Resources

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Author(s): 

Hajnajafi Hasna

Issue Info: 
  • Year: 

    2024
  • Volume: 

    1
  • Issue: 

    1
  • Pages: 

    162-191
Measures: 
  • Citations: 

    0
  • Views: 

    10
  • Downloads: 

    0
Abstract: 

The Brussels Effect is a theoretical framework that explains how European regulatory measures extend beyond the EU’s borders, shaping global legal standards. This article introduces the concept to Iranian legal literature, examining its forms, applications, and underlying conditions. It also explores its relevance in the field of personal Data protection.The study highlights how European regulatory standards, driven by market influence, have both formally and informally shaped laws beyond Europe, establishing EU law as a global benchmark. Given Iran’s need for a structured legal framework on personal Data protection, understanding this phenomenon—along with its key drivers and the regulatory approaches of other countries—can help Iranian legislators develop effective policies in this area.

Yearly Impact: مرکز اطلاعات علمی Scientific Information Database (SID) - Trusted Source for Research and Academic Resources

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Journal: 

Private law

Issue Info: 
  • Year: 

    2022
  • Volume: 

    19
  • Issue: 

    1
  • Pages: 

    221-245
Measures: 
  • Citations: 

    0
  • Views: 

    86
  • Downloads: 

    22
Abstract: 

Personal Data is a piece of information about the privacy of individuals and is protected by lawmakers as a right to privacy. On the other hand, protecting users against the actions of Data processing companies and the risks that may threaten the integrity and confidentiality of their personal Data, requires familiarity with the characteristics of this particular type of Data. The present study, using descriptive analytical method, tries to examine the text of the EU General Data protection Regulation document as well as Iranian legal documents such as the Electronic Commerce law of the Islamic Republic of Iran, Iranian electronic crime law and the draft bill on personal Data protection, to explain the distinguishing features of personal Data from other types of Data in cyberspace. Finally, the findings of the present study indicate that personal Data are necessarily related to the natural person and the common point which is observed in all types and instances of personal Data, is the identifiability of Data, thus if the identity of the Data subject (and not other persons) can be accessed, either directly or indirectly, using conventional and logical Data processing tools and devices, the Data will be considered personal.

Yearly Impact: مرکز اطلاعات علمی Scientific Information Database (SID) - Trusted Source for Research and Academic Resources

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Journal: 

PRIVATE law STUDIES

Issue Info: 
  • Year: 

    2010
  • Volume: 

    40
  • Issue: 

    1
  • Pages: 

    41-55
Measures: 
  • Citations: 

    1
  • Views: 

    1383
  • Downloads: 

    0
Abstract: 

Folklore, in fact, is community (or collective) intellectual property. Literal of folklore, in present, is unknown and, to some what, vaguable. This filed of law is pay attention to on behafe of WIPO and UNESCO. two kinds of protection is established by legislators. Firstly (mainly) protection, that promoting a sui generis system, and secondary (substitute) protection, that includes some of ways, as such as, contract models, human rights, trade secrets and ets.

Yearly Impact: مرکز اطلاعات علمی Scientific Information Database (SID) - Trusted Source for Research and Academic Resources

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Journal: 

طب و تزکیه

Issue Info: 
  • Year: 

    0
  • Volume: 

    -
  • Issue: 

    41
  • Pages: 

    97-103
Measures: 
  • Citations: 

    0
  • Views: 

    1501
  • Downloads: 

    0
Abstract: 

پزشکان و صاحبان حرف پزشکی معالج که دارای اجازه طبابت می باشند، در صورت رعایت عدم موازین علمی و فنی و نظامات دولتی (بطور جمع و یا هر یک از آنها بطور جداگانه) برحسب میزان و درصد سهل انگاری و یا قصور انجام شده، مسوول پرداخت خون بهای بیمار یا دیه او خواهند بود.هر نوع درمان و عمل جراحی مشروع که با انگیزه شفای بیمار و با رعایت موارد فوق الذکر انجام گردد و قبل از آن رضایت بیمار و یا اولیای وی اخذ شده باشد و هیچ گونه بی احتیاطی و بی مبالاتی انجام نگیرد. به استناد بند دوم ماده 59 و ماده 60 و ماده 322 قانون مجازات اسلامی مصوب 1370 که قانون گذار رضایت بیمار و یا اولیای وی را شرط صحت عمل پزشک و یا جراح دانسته است با اخذ اذن و برائت نامه از بیماران و یا اولیای آنها در مورد غیراورژانسی، پزشکان را بری الذمه خواهد نمود مسلم است که اگر پزشک و یا جراح از اخذ رضایت نامه مذکور که بایستی آگاهانه (Informed consent) نیز باشد امتناع ورزد، عملش واجد وصف مجرمانه بوده و از نظر قانونی قابل تعقیب و مجازات می باشد. علاوه بر موارد قانونی فوق الذکر از بند سوم ماده 42 قانون مجازات عمومی اصلاحی سال 1352 نیز می توان استنباط کرد که هر نوع عمل جراحی یا طبی که با رضایت صاحبان حق و با رعایت نظامات دولتی انجام شود فاقد وصف مجرمانه خواهد بود و بدین ترتیب نه تنها پزشک مسوولیت کیفری نخواهد داشت، بلکه مسوولیت مدنی نیز منتفی خواهد بود.

Yearly Impact: مرکز اطلاعات علمی Scientific Information Database (SID) - Trusted Source for Research and Academic Resources

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Author(s): 

MCFADDEN C.

Journal: 

FLORIDA BAR JOURNAL

Issue Info: 
  • Year: 

    1997
  • Volume: 

    -
  • Issue: 

    -
  • Pages: 

    9-10
Measures: 
  • Citations: 

    1
  • Views: 

    172
  • Downloads: 

    0
Keywords: 
Abstract: 

Yearly Impact: مرکز اطلاعات علمی Scientific Information Database (SID) - Trusted Source for Research and Academic Resources

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Author(s): 

Ghanad Fatemeh | Sharif Elham

Issue Info: 
  • Year: 

    2021
  • Volume: 

    2
  • Issue: 

    4
  • Pages: 

    1-22
Measures: 
  • Citations: 

    0
  • Views: 

    394
  • Downloads: 

    18
Abstract: 

Protecting the privacy of individuals has always been considered a global principle by international institutions and has been stipulated in many international documents. Nowadays, lawmakers have considered personal Data more than ever due to the fast pace of the technology and consequently the availability of personal Data in cyberspace, their ease of transfer, and the convenience of their processing.The EU has been a frontrunner and, as a comprehensive alternative to the EU Data protection Act, set out the International Document of General Data protection Regulations (GDPR) in April 2016, which was approved and implemented by the European Parliament on May 25, 2018. This article aims to demonstrate the scope of personal Data and its protection in the General Data protection Regulations as an international document and Iran's legal system. It further recommends some improvements in cyberspace infrastructures and regulations and the necessity of better designating regulatory bodies to protect individual privacy better

Yearly Impact: مرکز اطلاعات علمی Scientific Information Database (SID) - Trusted Source for Research and Academic Resources

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Author(s): 

ANSARI BAGHER | Zand hossein

Journal: 

PRIVATE law

Issue Info: 
  • Year: 

    2016
  • Volume: 

    5
  • Issue: 

    16
  • Pages: 

    109-131
Measures: 
  • Citations: 

    0
  • Views: 

    954
  • Downloads: 

    0
Abstract: 

Although “ Data” do not in principle come under exclusive protection and are subject of Data-sharing principle، certain occasional benefits may necessarily make them to be protected on an exceptional and sui-generis basis. “ Test Data” fall within the scope of such exceptional cases. protection of test Data carried out by countries are based on their largescale policies and in proportion to their extent of development. This has caused a remarkable diversity in forms of protection. protection of test Data has been considered in international instruments. The most significant one is the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS). Article 39. 3 of TRIPS، in particular، deals with protection of test Data. This article first attempts to define test Data and to review necessity for tools of test Data protection based on Article 39. 3 of TRIPS. Then، it proposes a suitable form of protection for Iran as a developing country.

Yearly Impact: مرکز اطلاعات علمی Scientific Information Database (SID) - Trusted Source for Research and Academic Resources

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Author(s): 

GHAFOURI ZEINAB

Journal: 

Administrative law

Issue Info: 
  • Year: 

    2018
  • Volume: 

    5
  • Issue: 

    14
  • Pages: 

    77-102
Measures: 
  • Citations: 

    0
  • Views: 

    1680
  • Downloads: 

    0
Abstract: 

A wide range of traditional cultural expressions (expressions of folklore) is consisted of literary works such as tales, folk art like drawings and paintings and folk songs and music. It would not be surprising to choose copyright law as the primary legal system in intellectual property to protect expressions of folklore since there is a close resemblance between these expressions and the protected works under copyright law. In fact, the expressions of folklore can be categorized under different protectable works in this system such as literary, musical and artistic works. This may suggest that copyright law can be opted as an appropriate regime to protect these expressions and in practice some countries have taken this approach. An accurate study of prerequisites and requirements of protection in copyright law, however, reveals that in spite of the similarity between the expressions of folklore and works under copyright law, these expressions lack the very basic and fundamental preconditions to be considered as a protectable work under this regime such as authorship, ownership of rights, originality and fixation as well as the temporary duration of protection. Despite these shortcomings, many have tried to justify and adapt the characteristics of these expressions to such prerequisites to fit them into copyright system so that they can benefit the provided protection. It seems, however, infeasible to entirely apply copyright rules of protection to expressions of folklore. More importantly, the aim of protection is different in each of these two categories. Considering these differences, protection of expressions of folklore under copyright law, not only demands excessive exemptions in application of its rules, but also does not ultimately lead to the desirable outcome. Accordingly, it appears that imposing expressions of folklore to copyright system neither benefits these expressions nor the aforementioned system. Therefore, it would be more appropriate to structure a sui generis system in order to protect traditional cultural expressions.

Yearly Impact: مرکز اطلاعات علمی Scientific Information Database (SID) - Trusted Source for Research and Academic Resources

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Author(s): 

HABIBA SAEID | MOTAMADI GH.R.

Journal: 

PRIVATE law STUDIES

Issue Info: 
  • Year: 

    2007
  • Volume: 

    -
  • Issue: 

    74
  • Pages: 

    107-134
Measures: 
  • Citations: 

    0
  • Views: 

    1109
  • Downloads: 

    0
Abstract: 

The aim of this article is evaluation of Traditional Knowledge (TK) protection possibility and ways under national legal system potentials. In this direction, case laws - which conventions and international treaties are very important party of them - provide proper capacity to protect this knowledge.Among them Convention of Biological Diversity (CBD) and Convention on Desertification have necessary capacities to conduct international commitments, but the main problems of them are lack of sanctions, lack of national organizational structures and ambiguity of necessary for regulations.This article has noticed to above problems as well as threatens to TK, possible misuses of TK, and suggests the way to protect TK in legal framework and principles.

Yearly Impact: مرکز اطلاعات علمی Scientific Information Database (SID) - Trusted Source for Research and Academic Resources

View 1109

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