Document Type : Academicm and Research
Authors
1
PhD student in Criminal Law and Criminology, University of Qom
2
Associate Professor, Department of Criminal Law and Criminology, University of Qom
10.22091/csiw.2025.13184.2682
Abstract
Personal data or information can be defined as any information, including name, surname, phone number, national ID number, personal photographs or images, etc., which in some way enables the identification of an individual. This paper utilizes the experiences of European countries, particularly Germany, in formulating and enacting comprehensive legislation for the protection of personal data. These experiences can be used to establish measures for protecting personal data, safeguarding individuals' rights, and reducing security risks within Iranian law. Furthermore, German law regarding secure online services can serve as a model for other organizations and service providers. This paper discusses and examines the criminal liability of data processors or controllers concerning the violation of these rights. In this regard, it analyzes and compares Iranian law and German law. As a member of the European Union, Germany is consequently obligated to adhere to EU regulations in this area. The general principles and rules governing the preservation and protection of personal data, which serve as the foundation and framework for legislation in this domain and the determination of liability, include: fairness, transparency, purpose limitation, data minimization, storage limitation, data accuracy, confidentiality, and finally, accountability. These principles have been established more comprehensively and completely in German law compared to Iranian law.
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