Liability of Online Platforms for Violating Information Privacy by Users;  A Comparative Study Among Iran, the United States and the European Union

Hesam, Abolfazl; Modibo Joni, Mohammad; Miri, Hossein; Yamrali, Saleh

doi:10.22082/cr.2021.530918.2202

Liability of Online Platforms for Violating Information Privacy by Users; A Comparative Study Among Iran, the United States and the European Union

Document Type : Original Article

Authors

Abolfazl Hesam ¹

Mohammad modibo Joni ²

Hossein Miri ³

Saleh Yamrali ⁴

¹ Private Law, Islamic Azad Uni., Al-Mustafa International University, Golestan Branch, Iran

² Assistant Prof. In Private Law, Al-Mustafa International University, Golestan Branch

³ Assistant Prof. In International Law, Islamic Azad Uni., Gonbad Kavous, Iran

⁴ Assistant Prof. In Private Law, Gonbad Kavous Uni., Iran

https://doi.org/10.22082/cr.2021.530918.2202

Abstract

Online platforms play an important role in the lives of today's communities and have many benefits. However, the special features of these platforms have exacerbated the possibility of some problems occurring in such an environment. Users in cyberspace can remain anonymous, so can violate the users’ privacy. There is no doubt that in such circumstances, the violate user has civil liability. But, can online platforms also be held responsible for creating an environment that facilitates the violation of users' rights? The present article tries to study the civil liability of platforms for violating the privacy of others by their users in three legal systems of the United States, Europe and Iran, using the documentary method and in a comparative manner. The findings showed that based both the US and European legal systems, except in exceptional cases, online platforms are not liable for privacy breaches by users. Considering the emphasis on the principle of personal responsibility and the existence of the rule of direct liability on the premise of community due to loss, In the Iranian legal system it is not possible to impose liability on online platforms due to violation of privacy of information by users. However, it seems that the provisions of the "Draft Law on the Protection of Users' Rights in Cyberspace", which aims to make online platforms responsible and protect users, and emphasizes the protection of privacy in this space, from this perspective, it is differ from American and European law systems.

Keywords

Responsibility

Privacy

Information

Online Platform

Violation

User

20.1001.1.25382977.1400.28.107.3.9

Subjects

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