Journal of Cyber Law (JOCL)

Journal of Cyber Law (JOCL)

Civil Liability for Violations of Individuals’ Privacy and Personal Data in Cyberspace

Document Type : Original Article

Author
Master’s Student in Law, Allameh Tabataba’i University, Tehran, Iran
Abstract
Privacy and the protection of personal data in the digital age have become one of the most significant legal and social issues, as their violation can lead to extensive consequences for individuals and organizations. The main research question of this study is how civil liability is defined in relation to the violation of privacy and unauthorized disclosure of personal data in cyberspace, and to what extent existing legal frameworks are capable of addressing such violations. The importance of this topic lies in the fact that, with the expansion of online services and the increasing volume of personal data, the threats posed by misuse and privacy breaches have become more complex and widespread, making the determination of precise legal responsibility essential to prevent material and moral damages. The aim of this article is to analyze and examine civil liability of individuals and entities regarding personal data breaches and to propose measures to strengthen the enforcement of users’ rights in cyberspace. The research method in this study is descriptive–analytical and based on documentary analysis, reviewing legal sources, judicial precedents, and theoretical studies in digital law. The findings indicate that despite the existence of protective laws, legal gaps and weak oversight in many areas hinder full realization of users’ rights, especially in cases of violations by non-official entities or at the international level, where judicial accountability is limited. The innovation of this study lies in providing an integrated analytical framework that categorizes and evaluates civil liability in various domains of personal data violations, facilitating the identification of legal weaknesses and suggesting reforms. The results of this research can serve as a basis for legal policymaking and raising awareness among institutions and users about safeguarding privacy in cyberspace.
Keywords