بايسته هاي حمايت از حريم خصوصي كودكان در عصر فناوري¬هاي ديجيتال در حقوق ايران

Convention on the Rights of the Child , Right to Privacy , Children’s Rights , Information an‎d Communication Technologies – ICTs

The Requirements for the Protection of Childrenʹs Privacy in the Digital Age under Iranian Law

حقوق

Abstract The rapid developments of digital technologies in recent decades have created unprecedented opportunities for children’s education, entertainment, an‎d social participation, while at the same time posing new risks. These include the extensive collection an‎d analysis of behavioral an‎d biological data, commercial profiling, the unintended disclosure of images an‎d personal information, as well as online exploitation. Under such circumstances, children’s privacy grounded in the special status of childhood an‎d the fundamental principles of human rights, particularly the principles of human dignity an‎d the best interests of the child requires reinforced protection. The central issue of this study is that the current legal an‎d policy framework in Iran for protecting children’s privacy in the digital environment is fragmented, general, an‎d insufficiently effective against emerging technological challenges. Although constitutional an‎d ordinary laws make reference to the safeguarding of privacy, there is no independent definition of children’s data, nor are adequate enforcement mechanisms provided. Compared to international stan‎dards an‎d advanced legal experiences, such as the General Data Protection Regulation (GDPR) in the European unio‎n an‎d the Children’s Online Privacy Protection Act (COPPA) in the United States, this situation reveals a significant gap. The findings of this research indicate that filling this gap requires a set of legislative an‎d institutional reforms. These include the adoption of a comprehensive personal data protection law with a child-centered approach, the establishment of an independent authority overseeing privacy, the introduction of transparency an‎d age-appropriate consent mechanisms, an‎d the promotion of media literacy in schools an‎d families. In addition, the active participation of the private sector an‎d technology companies in designing safe, age-appropriate services, as well as international cooperation to address cross-border threats, are considered key elements in child-centered data governance. This study employs a descriptive analytical method, drawing upon international instruments, domestic laws, an‎d the experiences of selec‎ted legal systems. The results demonstrate that moving from fragmented an‎d reactive protection toward a comprehensive, coherent, an‎d forward-looking framework is essential to safeguarding the dignity an‎d best interests of children in the digital environment. Keywords: Convention on the Rights of the Child, Right to Privacy, Children’s Rights, Information an‎d Communication Technologies – ICTs

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