علی حسینی

The review of the Seventh Development Plan started on October ۳rd, ۱۴۰۲ in the Islamic Council, and after the general approval of the Seventh Plan, the meetings to examine the materials of this program were placed on the agenda of the Islamic Council, and the hearings of this plan are still ongoing. According to many legal experts and university professors, one of the main flaws of the ۷th Development Plan is clause (b) of Article ۷۵. It seems that this article has targeted the private life of the citizens and in other words it is called the implementation of the protection plan under the banner of development. In paragraph (b) of Article ۷۵ of the ۷th Development Program, it is stated that "the executive bodies and the owners of the database subject to this paragraph are obliged to provide continuous and comprehensive data to this system online". The phrase (online) means that whenever a user becomes active or so-called online, his data must be registered in a system located in the Ministry of Guidance. In this bill, the name of this center has been determined as "system of continuous monitoring and measurement of people's lifestyle". On the other hand, some of the words mentioned in paragraph (b) of this article, such as observation, measurement, and monitoring, have different meanings and interpretations. After the investigations, some representatives of the Islamic Council have also criticized this clause of Article ۷۵ of the Seventh Development Plan, for example Mr. Rashidi Kochi, a member of the Islamic Council, regarding Clause (b) of Article ۷۵ of the Seventh Plan Development states: This is an act of trespassing on citizens' privacy and it is a worrying act. Also, Mr. Nouri Ghazaljeh, the head of the independent faction of the parliament, has also stated about paragraph (b) of article ۷۵: people with their own type of view have a strong thirst to enter the privacy of people and violate their privacy, while prying into privacy People are reprehensible and illegal, and the establishment of the "continuous monitoring and measurement system of people's lifestyle" is a clear example of invading people's privacy and against the spirit and some of the principles of the constitution. Also, some experts in jurisprudence also say that the need to respect the right to privacy of individuals has been specially emphasized in Imami jurisprudence and Islamic law. On the other hand, it seems that Clause (b) of Article ۷۵ of this bill is against Article ۲۵ of the Constitution of the Islamic Republic of Iran, which stipulates that individuals' communication privacy should be respected in telephone, electronic and mail conversations. According to this principle of the constitution, i  ection and non-delivery of letters, recording and disclosure of telephone conversations, disclosure of telegraphic and telex communications, censorship, non-communication and non-delivery of them, eavesdropping and any kind of surveillance are prohibited except by law. The monitoring and monitoring of information in paragraph (b) of Article ۷۵ is related to the "privacy" of citizens, and it is not possible to enter into the privacy of individuals without the consent and decree of the law. On the other hand, we can also look at this issue from the perspective of job creation, because the government's concern to increase the amount of employment in the country requires many businesses to turn to virtual space and the Internet platform, and this article can be a threat to the rights of It is essential for Iranian citizens and many internet businesses and has the opposite result in the government's employment policies. Most of the capital and property of Internet businesses is the information they have from their users. Basically, the competitive advantage of these companies is the data they generate through their business. In the world literature, these data are called "proprietary data" that are owned by private sector companies. The e-commerce law states that storing, processing or distributing personal "message data" indicating ethnic or racial origins, ideological, religious views, moral characteristics and "message data" about the physical, mental or sexual condition of persons without their express consent. It is illegal in any way. Now what is the role of this law in front of the seventh development bill? In this research, we are looking to evaluate the legal aspects of the government's access to citizens' private information by examining clause (b) of article ۷۵ of the Seventh Development Plan Bill, and by comparing it with the existing laws, whether clause (b) of article ۷۵ is legal or illegal. Let's mention the seventh development plan bill and evaluate the consequences of its implementation.