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In the 7th development plan, the government seeks to monitor the people’s data. According to paragraph b of article 75 of this program, the system of continuous observation, monitoring and measurement of public culture and lifestyle indicators is to be launched.
This system will collect all the people’s data from all the databases. These databases can be operating devices or platforms and sites that hold people’s personal data based on the services they provide.
In the text of this article, it is stated: “In order to accurately and online count the statistical data needed to facilitate processing, accurate analysis and create a suitable platform for the future research of lifestyle trends in Iranian society and also their publication, the Ministry of Culture and Islamic Guidance, in coordination with the Iranian Statistics Center, is obliged is to start a continuous monitoring, monitoring and measurement system of public culture and people’s lifestyle indicators. The executive bodies and the owners of the databases subject to this paragraph are obliged to provide continuous and comprehensive data to this system online.
In the draft of the 7th plan, the meaning of database owners was more specific. The integration of information from public databases, government and private systems and virtual business platforms was mentioned there.
In this program, the government has placed a task on the Ministry of Guidance and Statistics Center, which is in contradiction with the bill that the Ministry of Communications has proposed since last year to protect personal data.
Last year, following the filtering of foreign social networks, the Ministry of Communications emphasized the support of internal platforms, especially messengers, in response to criticisms about the preservation of personal data, announced a mechanism to protect personal data. Finally, in February 1401, in the seventh session of the special working group of general digital economy, the draft of the proposed bill “Protection of personal data” was approved. The Minister of Communications said that drafting this bill means that we protect people’s personal data on domestic platforms.
In May of this year, after the messengers were connected, the Minister of Communications announced on the sidelines of the government board meeting that no one has the right to access people’s information in internal messengers: “We have both a law and a fatwa of the Supreme Leader that people’s information in cyberspace is privacy and access There is something wrong with that both legally and sharia.” Zarepour said that the Ministry of Communications has established regulations and supervises them, that no one has the right to access people’s information in internal messengers under any circumstances, and that it is covered by Article 25 of the Constitution: “Let the people’s minds be at ease about this.”
On 7 Khordad Amsan, the Deputy Minister of Communications announced that the “Protection and Protection of Personal Data” bill will be referred to the government committee very soon, and after its approval by the government committee, it will be referred to the parliament to become a law. Khansari said that if startups want to do their work properly, they must protect people’s data.
There is no news yet about the fate of this bill, but the Ministry of Communications wants to send it to the parliament this year. In addition to this bill, the Supreme Council of Cyberspace, which determines the main policies of cyberspace in the country, made decisions in a meeting on June 16 this year about solutions to stabilize services, strengthen privacy and preserve user data. This meeting was held under the chairmanship of Seyyed Ebrahim Raisi.
According to the Ministry of Communications, people’s data and information on internal platforms are covered by Article 25 of the Constitution: “Inspection and non-delivery of letters, recording and disclosure of telephone conversations, disclosure of telegraphic and telex communications, censorship, non-communication and non-delivery of them, eavesdropping and Any kind of surveillance is prohibited except according to the law.
Although Article 25 of the Constitution contains the exception “unless prescribed by law”, Article 75 does not recognize this principle. While in the same program, in paragraph C of Article 66, which obliges the Ministry of Communications to provide data-based innovations in services and products, to provide digital businesses with access to their data and information, it is said that providing information while maintaining security and privacy to take place. But there is no such emphasis in Article 75, and the lifestyle data monitoring system is not supposed to pay attention to the privacy of users.
The 7th Development Plan obliges all database owners to continuously and comprehensively submit their data to the lifestyle monitoring system. These databases must include cyberspace platforms and businesses and their data. Why is the government seeking to collect data that the Ministry of Communications and the Supreme Council of Cyber Space have proposed to protect? Zomit has not yet received an answer regarding the reaction of the Ministry of Communications to this clause.
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