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Iran's New Data Law Will Usher in Greater Censorship and Surveillance

July 4, 2019
Natasha Schmidt
3 min read
The Ministry of Information Communication and Technology and a research arm of Iran’s parliament drafted the data bill, unveiling it at a tech exhibition in 2018
The Ministry of Information Communication and Technology and a research arm of Iran’s parliament drafted the data bill, unveiling it at a tech exhibition in 2018
Free speech advocates say the new law will give Iranian authorities more power to punish people on grounds of national security, as they have with Nazanin Zaghari-Ratcliffe
Free speech advocates say the new law will give Iranian authorities more power to punish people on grounds of national security, as they have with Nazanin Zaghari-Ratcliffe
Journalists like Sadra Mohaghegh, who has reported on corruption, could be put at greater risk if the bill becomes law
Journalists like Sadra Mohaghegh, who has reported on corruption, could be put at greater risk if the bill becomes law

Iran’s parliament has proposed new legislation that could usher in greater surveillance and censorship, posing a greater risk to journalists and activists. 

Parliament says the Draft Personal Data Protection Act will protect people’s data. But if passed in its current form, the bill, which parliament put forward in July 2018 and is awaiting review, will actually make it easier for the Iranian government to collect personal data from its people and give it more control over the internet. Free expression advocates including ARTICLE 19 have highlighted the bill’s broad definition of what constitutes a threat to national security, particularly in Article 12 of the draft law. It will also allow for data to be collected without an individual’s knowledge or consent, violating citizens’ right to free expression and privacy. 

"Instead of protecting Iranian citizens' data, the draft Data Protection Bill could actually allow for greater data collection and surveillance by the state, “ said ARTICLE 19's programme officer and spokesperson on digital rights in Iran Mahsa Alimardan. “Its vague and inconsistent provisions could further endanger the lives of activists and journalists in Iran, who already experience extensive government surveillance.”

The Ministry of Information Communication and Technology (ICT) and a research arm of Iran’s parliament drafted the bill, unveiling it at the 2018 Elecomp exhibition in Tehran. According to Iranian tech and start-up news service Techrasa, prior to this, Mohammad Javad Azari Jahromi, Iran’s Information Communications and Technology Minister, tweeted: “After months of discussion, The #DataProtection bill is ready: a STRONG legal infrastructure for protecting our civilians fundamental rights. #SafetyandSecurity 

The bill contains a broad definition of what constitutes a breach of national security, causing alarm because Iranian security officials, including Revolutionary Guards agents, have repeatedly cited national security issues when cracking down on media workers, civil society and environmental activists, and dual nationals it has imprisoned on trumped-up charges, including Nazanin Zaghari-Ratcliffe. She is currently in prison on charges of espionage and trying to overthrow the Islamic Republic based on no evidence. After the judiciary sentenced her to five years in prison, Iranian state media launched a smear campaign against her to further punish her.

ARTICLE 19 has urged Iranian legislators to “ensure the data protection bill is in line with international standards in order to protect citizens' privacy and freedom of expression." Currently, the draft fails to meet global standards for digital protections.

Kaveh Azarhoosh, Senior Researcher at London-based research and design organization Small Media described ARTICLE 19's analysis of the bill as "an important and timely contribution which should not be ignored by the Iranian authorities." The organization called for the Iranian government to have "further consultations with the public before the introduction of the bill to the Iranian parliament." 

"There is no surprise that the current bill doesn't offer meaningful safeguards; it was drafted to reflect the consensus between the ICT Ministry and judiciary officials, away from digital rights activists, civil society and local business. It is time that Jahromi halted the efforts for putting this draft for a vote in parliament and instead engaged with a wide and diverse range of stakeholders in meaningful consultation."

Unlike the European Union’s General Data Protection Regulation (GDPR), the bill does not specify whether it covers both print and digital material. At the time of its unveiling the ICT minister simply stated that the law would not only cover messaging apps. At the time he also said his department would engage in discussions with EU practitioners about GDPR. 

The bill does not realize what is set out in Iran’s own Access to Information Law, which allows people to access a range of information and promotes greater transparency in an environment that has traditionally penalized people who try to access details about government conduct and which makes it difficult for them to find out vital information about their own lives, such as accessing medical records. 

If passed, organizations and companies from both the public and private sectors will be obliged to follow the guidelines. However, an exact date has not been set for its review, or for further steps to be taken for it to become law. 



 

 

 

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