چکیده:
Necessity of confrontation with coronavirus pandemic has moved governments toward taking a variety of actions in the field of defeating coronavirus (including data processing) which have influenced different aspects of life of citizens and caused many legal challenges in relation to the privacy of citizens in the time of corona outbreak. Comparative and descriptive-analytical method study of legal frameworks governing the right to privacy in the U.S., China, France, and Iran reveals that governments on the basis of special authorizations have taken actions during the pandemic which would be considered as violations to privacy in normal circumstances. French legal system has protected privacy in a centralized and transparent manner and based on accountability and responsibility which mostly is due to the existence of a controller entity. China law because of comprehensive legislations and regulations and citizens’ trust in legal and political systems faced few challenges. Iranian law despite the legal and jurisprudential foundations for the protection of privacy is faced with legislation lack and absence of a controller and accountable entity for data processing, and in U.S. law there have been serious legal challenges because of the dual nature of federal and state system and lack of a holistic approach toward the right to privacy and lack of a supervisor entity on data processing. Furthermore, courts have limited the scope of the government's authority in dealing with the coronavirus in relation to privacy matters. In China and France, the government's entry into the field of privacy has been more serious, with the difference that transparency and compliance with the principles of citizen's rights have been in a better state in France. On the other hand, in American law, the least invasion of privacy has been done. In Iran, the lack of clear laws and guidelines can cause privacy concerns.
خلاصه ماشینی:
ir Article Information Abstract The necessity to combat the COVID-19 pandemic has led governments to take numerous measures (including data processing) and has impacted various aspects of citizens' lives, creating numerous legal challenges regarding citizens' privacy during the Corona era.
In American law, due to its federal nature and the lack of a holistic approach to the issue of privacy and a general body overseeing data processing, there have been very serious legal challenges, and courts have limited the scope of government authority in dealing with Corona in matters related to privacy.
Also, similar to the approach of the European Union, a supervisory body for the issue of respecting citizens' rights in the processing of data is foreseen, which, according to Article 60 of the Personal Information Protection Law, is the Cyberspace Administration of China.
Regarding the legal basis and legitimacy of government interventions in the discussion of processing data of Chinese citizens during the Corona period, reference has been made to various laws and regulations in Chinese law, based on which the government has extensive powers in the field of ensuring health and public benefit.
In general, it can be said that in the laws of France (and the European Union), China, and Iran, governments can take action to process data to combat the Corona disease based on ensuring public interests and protecting collective health in a framework outside of individual consent; while in the United States, this possibility exists only on the assumption of citizens' consent.
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