Personal Data Protection and Safeguarding Draft Act June 2019 I. Introduction The right to privacy and the rights of freedom of expression and freedom of information are co-equal human rights. ARTICLE 19 believes they are complimentary rights which together empower citizens to protect their rights and to improve the transparency and accountability of public and private bodies that hold and wield power in society. ARTICLE 19 supports the adoption of well-designed data protection acts that protect individuals’ rights while ensuring government transparency and freedom of expression. In this analysis, ARTICLE 19 sets out its concerns regarding the Personal Data Protection and Safeguarding Draft Act (Draft Act) currently under discussion in the Iranian Parliament. The analysis explores its compatibility with Iran’s international obligations under international human rights law to protect freedom of expression and information, as well as the right to privacy. The analysis then details the domestic legal framework. Ultimately, it reviews Draft Act’s compliance with international law and makes recommendations to bring it in line with international and regional standards on freedom of expression and privacy. II. Data Protection and Freedom of Expression and Information A. The Right to Privacy The right to privacy is considered essential in protecting an individual’s ability to develop ideas and personal relationships. It is recognised in international human rights treaties including the Universal Declaration of Human Rights,1 the International Covenant on Civil and Political Rights (ICCPR)2, the European Convention on Human Rights,3 the American Declaration of the Rights and Duties of Man,4 and the American Convention on Human Rights.5 Under these treaties, privacy is a broad concept relating to the protection of individual autonomy and the relationship between an individual and society, including governments, companies, and other individuals. It is commonly recognised as a core right that underpins human dignity and other values. It is also understood as an enabler of the enjoyment and exercise of human rights online and offline, ranging from freedom of expression6 and freedom of association and assembly, to the prohibition of discrimination. At the regional level, the right to privacy is mostly recognised by non-binding legal instruments such as, most notably, the Cairo Declaration on Human Rights in Islam.7 Article 18(b) states: UDHR, Art 12. ICCPR, Art 17. 3 Art 8. 4 Articles 5, 9, and 10. 1 2 5 Art 11. Report of the Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression Frank La Rue, HRC 23/40, 17 April 2013 https://undocs.org/A/HRC/23/40 ; Report of the Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression David Kaye, HRC/29/32, 22 May 2015 https://undocs.org/A/HRC/29/32. 7 Cairo Declaration on Human Rights in Islam, Aug. 5, 1990, U.N. GAOR, World Conf. on Hum. Rts., 4th Sess., Agenda Item 5, U.N. Doc. A/CONF.157/PC/62/Add.18 (1993) Art. 18 http://hrlibrary.umn.edu/instree/cairodeclaration.html. 6 ARTICLE 19 – Free Word Centre, 60 Farringdon Rd, London EC1R 3GA – www.article19.org – +44 20 7324 2500 Page 7 of 58