Personal Data Protection and Safeguarding Draft Act
June 2019
V. Conclusion
The Personal Data Protection and Safeguarding Draft Act is in clear need of improvements to ensure that Iran is compliant
with its international obligations on data protection and privacy, as well as to ensure compliance with the GDPR and other laws
to facilitate the transborder flow of personal information.
The Draft Act is insufficient to provide those protections, and further endangers free expression and right of access to
information under the Iranian constitution. It omits international standards and laws, and leaves data subjects vulnerable to
problematic provisions of the Islamic Penal Code and the Computer Crimes Law. The implications of this Draft Act for freedom
of expression are numerous. Most significantly, the realities of this law’s enforcement of data localisation towards the
centralisation of information and granting of control to Iranian authorities is concerning. Significant omissions and concerns
exist about the independence of the Data Protection Commission and oversight bodies in ensuring that due process is applied.
Additionally, the lack of clear remedies for violations of the rights of data subjects is a dangerous omission given the dangerous
precedent set within the Iranian judiciary for persecution and harassment of individuals practicing their right to freedom of
expression. The Draft Act should be sent back to the draft committee with public and expert consultations held prior to
reintroduction in Parliament.
ARTICLE 19 – Free Word Centre, 60 Farringdon Rd, London EC1R 3GA – www.article19.org – +44 20 7324 2500
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