Personal Data Protection and Safeguarding Draft Act June 2019 remains".36 It should be noted that the aim of the law is to punish computer crimes, thus it applies to only the most serious actions. The Electronic Commerce Law contains some provisions on data protection.37 However, in the law, the protection of personal data is limited to e-consumers dealing with internet commerce. The Civil Code has no provisions protecting the right to privacy, while the 1960 Civil Liability Act states that “Any person who intentionally or due to his negligence, injures the life or health or property or freedom or prestige or commercial fame or any other right established for the individuals by virtue of law, as a result of which another one sustains materially or spiritually losses, shall be liable to compensate the damages arising out of his action”.38 The Penal Code provides punishment for those who invade public ethics and dignity with imprisonment from three months to one year and with a fine, while the penalty is reduced from one to six months imprisonment if the offence is committed through the use of a telephone or communications systems without any fine to be imposed.39 The Electronic Commerce Law constitutes the main legislation in Iran to contain some provisions on privacy and data protection. However, for such law, the protection of personal data is limited to a specific context, namely in the context of econsumers dealing with internet commerce. C. Other Non-Binding Legal Instruments In 2016, President Hassan Rouhani launched the Citizens’ Rights Charter (the Charter). The Charter is in a non-binding document made up of 120 articles which incorporates many of the existing international civil, political, social, and economic rights obligations including freedom of expression, privacy, clean environment, and employment. Chapter 9 includes seven sections on the rights to privacy and data protection. Article 37 in particular states that: “Searching, collecting, processing, using, and disclosing of letters, whether electronic or otherwise, personal information and data, as well other mail and telecommunications, such as telephone communications, faxes, wireless, private internet communications, and the like is prohibited, save pursuant to the law". The collection of private information of citizens is forbidden without the data subject’s consent or when it is prescribed by law pursuant to Article 38. Article 39 continues, stating that “Citizens have the right to have their personal information, held by organs and natural persons and legal entities, protected and preserved".40 D. Problematic Provisions of Laws for Freedom of Expression In Iran there are also other provisions that are relevant for freedom of expression. A revised version of the Islamic Penal Code (IPC) was introduced in 2013.41 The new IPC retained numerous overbroad and vague restrictions on freedom of expression, which are not legitimate under international human rights law and facilitate the targeting of human rights defenders (HRDs), journalists, and dissenting or minority voices.42 Among the most problematic provisions misused in courts to restrict expression are: Iran Computer Crimes Law, Art. 12. See also Arts. 13, 14 and 16. Read ARTICLE 19’s legal analysis https://www.article19.org/data/files/medialibrary/2921/12-01-30-FINAL-iran-WEB%5B4%5D.pdf. 36 37 Electronic Commerce Law of the Islamic Republic of Iran. See in particular Arts. 58-61. 38 Iran Civil Liability Code, Art. 1. 39 Iran Penal Code (Fifth book, tazirāt), Arts. 640 and 641. 40 Iran Charter of Citizens’ Rights, Chapter 9 http://epub.citizensrights.ir/CitizensRightsEN.pdf. The Islamic Penal Code was revised in 2016. See the most updated version of the Islamic Penal Code here in the website for the Iranian parliament. http://rc.majlis.ir/fa/law/print_version/845048. 41 “Codifying Repression: An Assessment of Iran’s New Penal Code",,” HRW. 29 August 2012. https://www.hrw.org/report/2012/08/28/codifying-repression/assessment-irans-new-penal-code. 42 ARTICLE 19 – Free Word Centre, 60 Farringdon Rd, London EC1R 3GA – www.article19.org – +44 20 7324 2500 Page 14 of 58