Citizens’ Rights

Citizens’ Rights

IX. Right to Privacy


Article 36

Every citizen has a right to have their privacy respected. Residences, personal spaces, belongings and vehicles are immune from search and inspection, except pursuant to the law.

Article 37

Searching, collecting, processing, using and disclosing of letters, whether electronic or otherwise, personal information and data, as well other mail and telecommunications, such as telephone communications, faxes, wireless, private internet communications and the like is prohibited, save pursuant to the law.

Article 38

Collection and publication of private information of citizens is forbidden, except with their informed consent or pursuant to the law.

Article 39

Citizens have the right to have their personal information, held by organs and natural persons and legal entities, protected and preserved. Providing access to and disclosure of personal information of individuals shall be barred, and where required at the request of judicial and administrative authorities, they shall be provided to them exclusively. No official and authority shall, without express legal permit, have the right to place personal information of individuals at the disposal of another person or divulge them.

Article 40

All inspections and body searches must be made in accordance with the law, with due respect, and by using non-humiliating and non-intrusive methods and tools. Furthermore, compulsory medical tests and measures without legal authorization are forbidden.

Article 41

Illegal audio and video controls in places of work, public places, shops and other spaces where services are provided to the public are prohibited.

Article 42

Citizens have the right to have their dignity and privacy respected in the media and public fora. And, should this right be violated, causing material or immaterial harms, the violators shall be liable and obliged to make reparation, in accordance with the law.

References

Article 36: Articles 22 and 25 of the Constitution articles 4 and 150 of the Code of Criminal Procedure (2013); Law on the Manner of Punishment of Persons Engaged in Unauthorized Audio-Video Activities (2007); articles 13 and 14 of the Law on Publication of and Free Access to Information in Iran (2009); article 5 of the Law on the Promoters of Virtue and Preventers of Vice Protection (2015); para 1 of the General Policies of Production, Exchange and Communication of Information Space Security (2010).

Article 37: Article 25 of the Constitution; article 150 of the Code of Criminal Procedure (2013); Law on the Punishment of Persons Engaged in Unauthorized Audio-Video Activities (2007); articles 13 and 14 of the Law on Publication and Free Access to Information in Iran (2009); para 8 of the Law on Respect for the Legitimate Freedoms and protection of the Citizens’ Rights (2004).

Article 38: Article 38 of the Constitution; article 150 of the Code of Criminal Procedure (2013); Law on the Punishment of Persons Engaged in Unauthorized Audio-video Activities (2007); articles 13 and 14 of the Law on Publication and Free Access to Information in Iran (2009).

Article 39: Article 25 of the Constitution; articles 13 and 14 of the Law on Publication and Free Access to Information in Iran (2009).

Article 40: Article 25 of the Constitution; article 150 of the Code of Criminal Procedure (2013).

Article 41: Article 25 of the Constitution; Law of the Press (1985, and its subsequent amendments); Law on the Punishment of Persons Engaged in Unauthorized Audio-Video Activities (2007); article 40 of the Code of Criminal Procedure (2013).

Article 42: Article 25 of the Constitution; Law on the Punishment of Persons Engaged in Unauthorized Audio-Video Activities (2007); article 648 of the Islamic Penal Code (1986).