Investigating Government Intrusion into Individuals’ Privacy and Its Implementation Challenges

Abstract

Privacy is one of the foundations of the right to liberty and is rooted in human dignity; consequently, it occupies a significant position within legal systems. In the contemporary era, this right has gained greater prominence due to the expansion of information and communication technologies, leading to the enactment of numerous laws concerning its protection. Governments occasionally intervene in certain private aspects of individuals’ lives for various reasons, and this issue creates challenges regarding the implementation of such interventions. In modern society, individuals expect their personal lives to remain protected from unauthorized surveillance and interference by governments and other persons; however, when this right is violated, numerous problems emerge. Therefore, the present study, using a descriptive-analytical method, examines governmental intrusion into individuals’ privacy and the implementation challenges associated with it. The principal research question addresses what the challenges of intrusion into privacy are and where the boundaries of the legitimate intervention of the state in the privacy of natural persons lie. The findings of the study demonstrated that state intervention in privacy must be carried out based on three fundamental principles: legality, necessity, and proportionality. Such limited intervention must always be accompanied by respect for human dignity and the principle of minimum interference. The role of supervisory institutions in this regard is also highly significant. These institutions must oversee governmental performance and prevent violations of individuals’ privacy. The existence of independent institutions can contribute to greater governmental transparency and accountability. Furthermore, educating and raising citizens’ awareness regarding their privacy rights is of substantial importance. In Iran, although constitutional principles and certain protective laws exist, the absence of a comprehensive personal data protection law, weaknesses in supervisory institutions, and the challenges posed by emerging technologies have hindered the full realization of this right.