Comparative Analysis of Civil Liability for Personal Data Breaches in Iranian Law, the European Union, and the United States: Intersection of Private Law and Information Technology Law

🔶 Abstract

With the expansion of digital technologies and the growing reliance on personal data, breaches of privacy and unauthorized disclosure of user information have become major legal challenges. This article adopts a comparative approach to examine the foundations and scope of civil liability for personal data breaches in Iranian law, the European Union’s General Data Protection Regulation (GDPR), and the California Consumer Privacy Act (CCPA) in the United States. The study aims to identify the strengths and weaknesses of the Iranian legal system in addressing this phenomenon and proposes legislative reforms to enhance the protection of personal data within the framework of private law and 

🔶 Keywords

Civil liability, personal data, privacy breach, GDPR, CCPA, information technology law, private law, moral damages, data security

🔶 Introduction

In the digital age, personal data has become an intangible yet highly valuable asset, increasingly exposed to various threats. Unauthorized disclosure, non-consensual processing, and security breaches cause harm to individuals and raise questions of civil liability. While Iranian law provides general principles of liability, it lacks specific legislation on personal data protection. In contrast, advanced legal systems such as the European Union and the United States have enacted comprehensive regulations to address these issues.

🔶 1. Theoretical Foundations of Civil Liability for Data Breaches

Civil liability in Iranian law is based on the principle of “no harm” (la darar) and the general provisions of Article 1 of the Civil Liability Act. In cases of personal data breaches, three elements must be established: damage, causal link, and wrongful act. Given the intangible and non-material nature of some data, proving harm and assessing damages pose unique challenges

🔶 2. Analysis of the GDPR in the European Union

The General Data Protection Regulation (GDPR), effective since 2018, is one of the most comprehensive legal instruments for personal data protection. Key features include:

• Precise definition of personal and sensitive data

• Mandatory explicit consent from data subjects

• Clear liability for data controllers and processors

• Civil and administrative remedies

• Recognition of both material and non-material damages

🔶 3. Overview of the CCPA in the United States

The California Consumer Privacy Act (CCPA), enacted in 2020, grants users greater control over their personal data. Its main provisions include:

• Right to know what data is collected

• Right to request deletion of data

• Right to opt out of data sales

• Civil liability for violations

• Private right of action for consumers

🔶 4. Legal Status in Iran Regarding Data Breaches

Iranian law lacks a dedicated statute for personal data protection. The Electronic Commerce Act (Articles 58–61) and the Computer Crimes Act offer limited coverage. However, the absence of a legal definition of personal data, lack of specific civil remedies, and no recognition of moral damages highlight significant legislative gaps

🔶 5. Comparative Legal Analysis and Challenges

A comparative review reveals fundamental differences in legislative and enforcement approaches:

In Iranian law, the absence of a legal definition of personal data and the lack of explicit consent requirements hinder the establishment of civil liability. Moral damages are not clearly recognized, and no specialized supervisory authority exists to monitor data protection violations.

In contrast, the GDPR provides a robust framework with precise definitions, mandatory consent, and enforceable civil remedies. Independent supervisory bodies ensure compliance and accountability.

The CCPA, while narrower in scope than the GDPR, offers consumers specific rights such as data deletion and opt-out options, along with the ability to file individual lawsuits for violations.

Overall, Iran faces major challenges due to the lack of coherent legislation, ineffective enforcement mechanisms, and limited judicial awareness of data protection issues

🔶 6. Legislative Recommendations for Iran

• Enactment of a comprehensive Personal Data Protection Act with clear definitions

• Inclusion of civil, criminal, and administrative remedies

• Recognition of moral and material damages for data breaches

• Establishment of an independent supervisory authority

• Specialized training for judges and lawyers in information technology law

🔶 Conclusion

Personal data breaches represent an emerging challenge in private law that demands appropriate legislative and judicial responses. Given the gaps in Iranian law, adopting best practices from advanced legal systems and enacting specific regulations can significantly enhance the protection of citizens’ rights and data security