Maasomeh Mazaheri; Mahsa Jamshidishahmiri
Abstract
Private information has been considered as one of the most important types of privacy in legal systems. Nowadays this issue got more important due to the development of technology and the increasing use of cyberspace. Civil protection of people's privacy is a necessity of modern law, as it compensates ...
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Private information has been considered as one of the most important types of privacy in legal systems. Nowadays this issue got more important due to the development of technology and the increasing use of cyberspace. Civil protection of people's privacy is a necessity of modern law, as it compensates for losses more equitably, and prevents similar civil wrongs. In American law alongside fault-based liability in revealing private information for limited groups, strict liability has been accepted in the public disclosure of private facts. In Iran law, despite the existence of jurisprudential and legal principles, the fundamental of civil liability arising from the revealing of private information have not been revised, and we need a thoughtful amendment in this regard. In this paper, which has been written by library method, the fundamental of civil liability arising from the revealing of private information in American law are first explained. Then, the fundamental of civil liability resulting from the revealing of private information in Iran law and Shia’ jurisprudence are examined. Finally, we conclude that it is necessary to accept strict liability as the basis of civil liability arising from the public disclosure of private facts in Iranian law. In determining the limits and exceptions of civil liability arising from the revealing the private information, valued rules and precepts of jurisprudent make us needless to American law’s model.
