Legal Basis of Personal Data Exchange (Comparative Study of EU General Data Protection Regulations and Iranian Law)

Document Type : Original Article

Authors

1 Faculty Member of University of Tehran

2 Student of Shahid Motahari University

Abstract

Today, on the one hand, personal data is considered wealth in the world of digital economy, and on the other hand, there are serious concerns about violating the privacy of real persons. This duality in the way of using personal data has led to the emergence of many legal issues; Legitimacy or illegitimacy of personal data exchange is one of these legal issues. In this research, we aim to examine and investigate the legal possibility of exchanging and trading personal data with a comparative study between European and Iranian laws and citing library sources. This research shows that the existence of market-based approaches, including the property-based approach, facilitates the possibility of legal exchange and, consequently, the possibility of concluding a contract around personal data, on the other hand, human rights approaches limit the possibility of such exchange. does In the General Data Protection Regulations of the European Union, there are many strictures regarding the legal possibility of exchange; Nevertheless, the commentators of these regulations have introduced consent as one of the legal bases of data exchange; On the other hand, these strictures are not observed in Iranian law.

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