Journal of Research and Development in Comparative Law

Journal of Research and Development in Comparative Law

A Review of Principles Governing the budgeting system in Iran and France

Document Type : scientific research paper

Author
Hamed Khubyari
Ph.D. at, private law, Isfahan University, Isfahan, Iran
10.22034/law.2024.2028152.1335
Abstract
The ease of access to information sources in cyberspace and the possibility of uploading information by users has made a great deal of data regarding people's lives and history available to the public. The rapid dissemination of information and its persistence in various websites and networks has caused users to judge people relying on their past and current data. If the past data is related to matters such as committing a crime, bankruptcy or unacceptable behavior of a person in the past, it will make it difficult for him to change and rehabilitate socially. Therefore, in recent years, the need to create such a right as the "right to be forgotten" has been emphasized by some countries, especially European ones.  The result of this study revealed that, "With the acceptance of the 'right to be forgotten,' anyone can request the deletion of information that has previously been uploaded on websites and social media, either by themselves or in relation to them; provided that they can prove the lack of relevance, insufficiency, or excess beyond the initial purpose of the upload.
The exercise of this right will be especially beneficial for individuals who have a criminal record or those who have faced bankruptcy in the business world. Although the aforementioned right has attracted the attention of many jurists, some others have approached it with greater caution and have sometimes criticized it. the 'right to be forgotten' may only be accepted in cases where the individual has uploaded data to the virtual space without any necessary electronic contract and is now requesting its deletion. Additionally, it is possible to envision situations where minors have published data and, upon reaching adulthood, wish to have it deleted. This ruling has even been acknowledged in countries that oppose the 'right to be forgotten.' However, regarding the first case, it should be stated that the individual's revocation of their consent to upload information is in accordance with the rule, and fundamentally, deleting data as a result of revoking consent cannot be considered an exercise of the 'right to be forgotten.' Ultimately, it is expected that advocates for the creation of such a right will regard it as an exception to the principle of freedom of expression, rather than assuming that data deletion is inherently permissible as stated in Article 17 of the general regulations. Examining the arguments set forth by both supporters and opponents, we can come to the conclusion that the exercise of this right would be in conflict with such other fundamental rights as those of freedom of expression and free access to information and therefore the presumption should be the impossibility of deleting data. Of course, the generality of this principle is restricted to the right of children to delete personal data.
 
Keywords
Keywords: right to be forgotten
big data
privacy
freedom of expression
free access to information

Subjects

Abbasi, M., Gholami, N.A., & Soheil Moghadam, S. (2017). Abbasi, Mahmood; Gholami, Nabi al-lah and Soheil Moghaddam, Sahar (2017), The Philosophical Fundamentals Right to be Forgotten from Bioethics View, Iran Journal Bioethics, 7(23), 7-15. https://doi.org/10.22037/bioeth.v7i23.16374  (in Persian)
Aidinlis, Stergios (2020). The Right to be Forgotten as a Fundamental Right in the UK after Brexit. Communications Law forthcoming, 15(2); 1-27. https://ssrn.com/abstract=3554625
Amaya Composeco, J.E. (2017). The Right to Be Forgotten: A Descriptive Overview of the Right to Be Forgotten. Pompeu Fabra University of Barcelona, Bachelor’s Final Dissertation.
Amid Zanjani, A.A. (2012), The rules of jurisprudence; Private Law, 3rd Ed, Tehran: Samt. (in Persian)
Andrade, Norberto Nuno Gomes (2011). Right to Personal Identity: The Challenges of Ambient Intelligence and the Need for a New Legal Conceptualization. Computers, Privacy and Data Protection: An Element of Choice (In Book), Springer; 65-97.
Assare, A.R., & Shambiyati, H. (2013). Environmentally Influenced Actions and Strategies for Controlling Criminal Phenomena. Free Legal Research, 6(19), 77-127. https://sanad.iau.ir/Journal/alr/Article/1059524   (in Persian)
Calcutt Committee, Report of the Committee on Privacy and Related Matter, London, HMSO 1990 Visible in: http:/humanr.persianblog.ir (Last seen:2024/06/04)
Deleuze, G. (1986). Foucault. Translated: Sean Hand. Minneapolis: University of Minnesota Press.
Dowdell, J.W. (2016). An American Right to Be Forgotten. Tulsa Law Review, 52(2); 311- 341. https://digitalcommons.law.utulsa.edu/tlr/vol52/iss2/23/
Eslami, R., Feyzi, F. (2016). The Right to be Forgotten and Its Challenges. The Judiciarys Law Journal, 80(94), 13-48. https://doi.org/10.22106/jlj.2016.21938 (in Persian)
Eslami, S. (2009). Collection of Intellectual Property Acts. Tehran: Majd. (in Persian)
Frosio, G. (2017). Right to Be Forgotten: Much Ado about Nothing. Colorado Technology Law Journal, 15(2); 307- 337. https://ssrn.com/abstract=2908993
Ghabuli Darafshan, S.M.H., Bakhtiarvand, M., & Aghamohammadi, A. (2018). The Right to be Forgotten in Balance: A Necessity of the Cyberspace or a Threat to Freedom of Expression!? Public Law Research, 19(58), 113-135.
https://doi.org/10.22054/qjpl.2018.15394.1361  (in Persian)
Gholami, N.A., & Momenzadegan, H.A. (2017). The Right to be Forgotten; From Conceptualization to Its Challenges. Islamic Law, 14(54), 37-66.
https://hoquq.iict.ac.ir/article_32652.html  (in Persian)
Google Spain SL, Google Inc. v Agencia Española de Protección de Datos, Mario Costeja González (2014).
Gordley, J. (2007). When Is the Use of Foreign Law Possible? A Hard Case: The Protection of Privacy in Europe and the United States. Louisiana Law Review, 67(4), 1073- 1099. https://digitalcommons.law.lsu.edu/lalrev/vol67/iss4/5
Hadi Zadeh, Z. (2016). The Right to be Forgotten; A New Instance of Human Rights. Master's Thesis, Faculty of Law, Qom University. (in Persian)
Hunter. C. (2020). Forgetting the Right to be Forgotten: The Everlasting Negative Implications of a Right to be Dereferenced on Global Freedom in the Wake of Google v. CNIL. Pace International Law Review, 32(2), 315- 358.
https://doi.org/10.58948/2331-3536.1400
Javadi Amoli, A. (2014), Right and Obligation in Islam. 6th Edition, Qom: Asra. (in Persian)
Judgment of 12 January 2023 (C-154/21), Available on:
https://curia.europa.eu/juris/recherche.jsf (Last Seen: 2024/06/04)
Judgment of 8 December 2022 (C-460/20), Available on:
https://curia.europa.eu/juris/recherche.jsf (Last Seen: 2024/06/04)
Kazemi, M., & Pilvar, R. (2018). Genealogy of Property: A Comparative Study in Islamic and Western Law. Islamic Law, 1 (47), 181-208.
https://doi.org/10.30497/law.2018.2307  (in Persian)
Koops, Bert-Jaap (2011). Forgetting Footprints, Shunning Shadows: A Critical Analysis of the 'Right to Be Forgotten' in Big Data Practice. Tilburg Law School Research Paper, 8(3), 1- 29. https://dx.doi.org/10.2139/ssrn.1986719
Lagone, L. (2012). The Right to Be Forgotten: A Comparative Analysis. Fordham University School of Law, Available at https://ssrn.com/abstract=2229361 
Larson, R. (2013). Forgetting the First Amendment: How Obscurity-Based Privacy and a Right to Be Forgotten Are Incompatible with Free Speech. Communication Law and Policy, 18(1); 91- 120. https://doi.org/10.1080/10811680.2013.746140
Layton, Roslyn (2019). The 10 Problems of the GDPR. California: American Enterprise Institute.
Makarem Shirazi, N. (2011), La-Ddharar (The Rule of No Harm). Trans to Pers by Mohammad Javad Banisaid Langroudi, Qom: Imam Ali Pub. (in Persian)
Mirzayi, N.A. (1998), The wonders of creation from the language of Imam Sadiq. Tehran: Hejrat. (in Persian)
Moetamedinajad, Kazem (1996). Communication Law. Tehran: Allameh Tabatabai. (in Persian)
Mohaghegh Damad, S.M. (2009). Rules of Jurisprudence; Civil Section. 23rd Edition, Tehran: Center for Islamic Sciences Publishing. (in Persian)
Moshkovska, Y. (2017). TO BE OR NOT TO BE FORGOTTEN: A New Dimension of the Conflict between the Right to Privacy and Freedom of Expression. University of Vienna, European Master’s Degree in Human Rights and Democratisation.
Nietzsche, W.F. (1980). On the Advantage and Disadvantage of History for Life. Translated By Peter Preuss. Cambridge: Hackett Publishing Company.
Qanavati, J., & Javar, H. (2011). Privacy; Right or Rule. Islamic Law, 8(31), 8-32. https://hoquq.iict.ac.ir/article_18283.html (in Persian)
Rosen, J. (2012). The Right to Be Forgotten. Stanford Law Review, 64; 88- 92. https://www.stanfordlawreview.org/online/privacy-paradox-the-right-to-be-forgotten/
Rubinstein, Ira S (2013). Big Data: The End of Privacy or a New Beginning?. International Data Privacy Law, 3(2); 74- 87. https://ssrn.com/abstract=2157659
Sheikh Hosseini, S. (2016). The Right to be Forgotten and Its Place in the Intellectual Property System. Master's Thesis, Faculty of Law, Qom University. (in Persian)
Simon, J., & Temple, N. (2013). Architecture and Justice Judicial Meanings in the Public Realm. New York: Routledge.
Stupariu, I. (2015). Defining the Right to be Forgotten; A Comparative Analysis between the EU and the US. Central European University of Hungary.
Vivian, B. (2010). Public Forgetting: The Rhetoric and Politics of Beginning Again. Pennsylvania: Pennsylvania State University Press.
Zamani, S.Q., & Attar, Sh. (2016). Human Rights and the Right to be Forgotten in the Age of New Information Technologies. International Law Review, 33(55), 81-108. https://doi.org/10.22066/cilamag.2016.23525  (in Persian)