Privacy is an important part of the fundamental rights of every citizen, tied to individual autonomy and human dignity. In the digital age, Iranian citizens are increasingly exposed to cyber surveillance, arrest for online activities, and the use of their personal data as evidence in courts. Familiarity with digital rights and privacy according to Iranian laws is essential for every individual, especially lawyers, civil activists, and the general public. This toolkit, in fluent and precise language, helps you recognize your legal rights and utilize these rights when dealing with digital surveillance, detention, and the use of personal data in court.

What Are Your Rights in the Digital Space?

Right to Privacy of Communications: The Constitution explicitly protects privacy. Article 25 of the Constitution declares any inspection and failure to deliver letters, recording and revealing telephone conversations, disclosure of telegraphic and telex communications, censorship... eavesdropping, and any type of investigation as prohibited, except by decree of law. In other words, your postal correspondence, telephone calls, emails, and other private communications must not be subjected to wiretapping or inspection without a legal permit.

To guarantee this principle, the legislator in Article 582 of the Islamic Penal Code (Ta'zirat) has also stipulated that any government official who opens, seizes, inspects, records, or eavesdrops on the letters, telecommunications, or telephone conversations of individuals contrary to legally permitted cases, or reveals their content without the consent of the owners, shall be sentenced to imprisonment from one to three years. This provision is the enforcement guarantee of Article 25 of the Constitution and prevents government agents from trespassing on citizens' private communications.

Furthermore, based on Article 2 of the Computer Crimes Law, any person (even ordinary individuals) who unauthorizedly eavesdrops on the content of others' non-public communications in transit shall be sentenced to imprisonment from six months to two years or a cash fine. Therefore, digital eavesdropping and surveillance without a legal warrant is a crime, and you have the right to know whether the digital eavesdropping and surveillance of your conversations and communications was based on a legal warrant and which authority issued it.

Immunity of the Home and Personal Data: Your home and private environment are also respected. According to Article 22 of the Constitution, the dignity, life, property, rights, residence, and occupation of individuals are immune from violation except in cases prescribed by law. No agent can enter your home or workplace or search your personal belongings (including computers and mobile phones) without a legal permit.

Article 55 of the Code of Criminal Procedure explicitly makes entry into homes and closed places and their inspection, as well as the inspection of persons and objects, in crimes that are not "flagrant" (mashhood), subject to the case-by-case permission of the judicial authority. Therefore, if inspectors intend to search your home or digital devices, demanding a judicial warrant is your right. The arbitrary action of agents in this regard is criminalized according to the law.

Based on Article 580 of the Islamic Penal Code (Ta'zirat), any agent or employee of the government who, without legal procedure, enters someone's home without the consent of the homeowner shall be sentenced to imprisonment from one month to one year. Even if the agent claims their superior ordered it, if coercion is proven, the punishment will be directed at the illegal commander. Thus, entry without a warrant into the private sphere (home, workplace, and personal belongings) is an explicit violation of the law.

Conditions for Issuing Data Seizure and Search Warrants According to the Code of Criminal Procedure

Inspection or seizure of digital data and computer systems is permitted only if its necessity is legally and judicially established. The regulations regarding this matter are provided in the Code of Criminal Procedure and also the Computer Crimes Law, and relatively strict criteria have been determined for issuing such orders.

Legal Criteria for Issuing Seizure and Search Warrants According to Article 36 of the Computer Crimes Law, issuing a warrant for the search or seizure of computer and telecommunication data is possible when there is a "strong suspicion" regarding the discovery of a crime, identification of the perpetrator, or obtaining evidence of the occurrence of a crime. In other words, the mere submission of a report or a request from law enforcement (agents) is not sufficient, and documented and reliable reasons and indications must be provided to justify this action.

Article 671 of the Code of Criminal Procedure also has a similar emphasis, stating that the inspection of computer and telecommunication data is performed only with the order of the judicial authority and in the event of a strong suspicion regarding the discovery of a crime or evidence for its proof, and without such an order, it lacks legal validity.

Article 683 of the Computer Crimes Procedure Law specifically distinguishes between public and non-public digital communication data and considers different conditions and criteria for each.

Article 150 of the Code of Criminal Procedure also specifies the authority for this judicial order and the level of the official who has the jurisdiction to issue the order. Based on this, any type of control of non-public communication content, eavesdropping, or inspection of private communication data is possible only by obtaining a permit from high judicial officials, such as the Head of the local Justice َAdministration.

If the issuance of a search warrant is based on the distinction between public and non-public content, communication and non-communication (images, audio, and video): Article 24 of the Regulations on the Collection and Admissibility of Electronic Evidence has obliged agents to declare and provide all information, reasons, and documentation that necessitated the issuance of the electronic data seizure and search warrant. They are obliged to state precisely and document in their request the reasons for the necessity of seizure or search, the type of data intended, and also the location and time of its execution. Failure to implement any of these cases means that the process of obtaining your data seizure and search warrant was not according to the law.

According to Article 37 of the Computer Crimes Law and Article 25 of the Regulations on the Collection and Admissibility of Electronic Evidence, the execution of the search or seizure warrant for computer data must be performed in the presence of the legal possessor or the person who has the relevant system and equipment at their disposal.

"Legal possessor" refers to the person who legitimately holds control and use of the system or device; such as the owner, system administrator, or the user to whom the device belongs or has been entrusted.

The goal of this legal requirement is to guarantee transparency in the execution process, prevent unauthorized access to information, and prevent any claims of illegal entry or tampering with data. The presence of the possessor also provides the possibility of monitoring how the judicial order is executed and prevents the violation of individuals' rights.

Therefore, by citing these legal cases, explicitly ask the judicial agents to perform the seizure and search process in your presence.

Note that in some cases, the judge has the authority to issue a search permit without the presence of the legal possessor. In this case, the legal reasons and such authority for the agents must be mentioned in the judicial order.

Items you must pay attention to when viewing the judicial warrant: As mentioned, it is your right to view the judicial order for the seizure and search of digital data belonging to you or in your possession. In this warrant, you must pay attention to the following items. In the event that any of these items are not mentioned in the order, explicitly declare this issue right there to the agents and protest.

1. Precise specifications of the location subject to search or seizure: Ensure that the specifications mentioned in the judicial order match the location the agents intend to search perfectly.
2. Location of execution: Check whether the judicial order declares the location for executing the search warrant within the seizure site itself or outside of it. Mentioning this subject shows whether the agents have the permit to move devices and data out of the location or not.
3. Scope of search: The judicial order must specify the permitted scope of search and the type of data intended. For example, does this scope include private messages and private photo albums or not.
4. Hardware and methods: The warrant must explicitly mention the type and number of hardwares subject to seizure or search and the methods of access to deleted or encrypted data.
5. Timeframe: Also, the order must mention the approximate time for performing search operations and the permitted duration for the seizure of data and related devices.

According to Article 40 of the Computer Crimes Law, the type of access to data must be proportionate to the importance of the data in the investigation and also the level of the potential crime. Based on this article: "Seizure of data, while observing proportionality, type, importance, and their role in the commission of the crime, is acted upon by methods such as printing the data, copying or imaging all or part of the data, making data inaccessible by methods such as changing the password or encryption, and confiscating data carriers."

The law has also determined the necessary conditions for the seizure of computer devices. According to Article 41 of the Computer Crimes Law, the seizure of computer devices instead of inspecting them at the same location is possible in one of the following conditions: A) Stored data is not easily accessible or has a large volume. B) Inspection and analysis of data is not possible without the hardware system. C) The legal possessor of the system has given consent. D) Copying the data is not technically possible. E) Inspection at the site causes damage to the data. F) Other conditions that the judge determines.

The same law, in its Article 44, explicitly declares that in the event of a probability of major financial damage or severe physical injury or disruption in the process of performing public services, the seizure of computer devices is prohibited except in limited cases where, according to the necessity of national security or public security, the judge can issue such a permit by stating the reason.

Article 45 of this law gives the owner of the data the right that in case of the seizure of the original data, they receive one copy of the data. This right is subject to paying the copying cost and also conditional on the fact that receiving the copy does not damage the investigation process. Receiving a copy is very important because it can prevent fabricated case-building based on what does not exist in the data.

Finally, agents are obliged to provide you with a report and minutes (soorat-jalas-eh) of the process of search or seizure of your devices and digital data.

If the behavior of the agents was contrary to any of the items mentioned above, or if the seizure of your devices and digital data causes serious damage to your business or life, you can complain to the judicial authority within ten days by citing Article 47 of the Computer Crimes Law. Your complaint must be processed out of turn, and a decision must be made regarding the continuation of the seizure of data or digital devices belonging to you.

Right to a Fair Trial

In case of arrest or notification of charges, the Code of Criminal Procedure has established rights for the accused to defend themselves. The principle is innocence, and any restrictive action such as deprivation of liberty or entry into the private sphere of individuals is permitted only by decree of law and under the supervision of the judicial authority and must not damage the dignity of individuals.

According to Article 5 of the Code of Criminal Procedure, the subject of the charge, its reasons, and defense rights must be notified to the accused as soon as possible. You have the right to be informed of the evidence collected against you, and in case of a violation of this right, one can object to the incorrectness of the proceedings.

Also, the right to have a lawyer from the moment of arrest is recognized for you. Based on Article 48 of the Code of Criminal Procedure, upon being placed "under observation," the accused can request the presence of a lawyer, and the lawyer is permitted to meet with the person under observation for a maximum of one hour, while observing the confidentiality of the investigation. Note that in important crimes against security or organized crimes, in the preliminary investigation stage, choosing a lawyer is faced with limitations; according to the Note to Article 48, the accused in these types of cases must choose their lawyer from the list of lawyers approved by the Head of the Judiciary. However, the principle of access to a lawyer is one of your citizenship rights, and failure to observe it is considered a violation.

By virtue of Article 190 of the Code of Criminal Procedure, the investigator (bazpors) is obliged to notify the accused of this right before starting the interrogation, and it should also be mentioned in the summons. If, despite the request, you were deprived of having a lawyer in the interrogation or this right was not notified to you, you can inform the higher judicial authority or the court; according to the Note to Article 190, the deprivation of the right to be accompanied by a lawyer or failure to notify it is considered a disciplinary violation.

Remember that based on Article 197 of the Code of Criminal Procedure, you have the right to remain silent and refuse to provide passwords or any other information that could lead to incriminating you.

If the interrogator asks you to give the password of your phone, laptop, or accounts, this is a difficult dilemma: cooperation may lead to extracting evidence against you, while resistance can also be met with pressure. In these conditions, you can say very politely: "I would like to consult with my lawyer first" or "According to the law, I am not compelled to provide this information."

At these times, the interrogator attempts to intimidate you so that you feel the law is irrelevant in the face of the interrogator's decision. But as long as you can, constantly repeat your answer in a polite way and avoid saying any other words.

Defense Against the Use of Personal Data in Court

If such evidence obtained from the seizure and search of your data was raised in court, pursue these defense axes:

1. Question the legitimacy of obtaining the evidence: The most important question you should raise is with what judicial permit and how these data were collected. Search/seizure of data must be done with a judicial order and in cases of "strong suspicion" and must be performed based on the standards we described above. If a warrant did not exist or was general and unlimited, or any of the processes mentioned above were not fully followed, officially record the objection of "illegal investigation" and violation of formalities in the case. If the said information was obtained through mental or physical pressure and torture with the aim of obtaining passwords, you can say in court: "This document is the result of illegal investigation and according to Articles 38 and 39 of the Constitution and Article 4 of the Code of Criminal Procedure, evidence obtained through the violation of privacy and torture is not valid."
2. Demand verification of prints/logs: If, for instance, a printout of your messages in a messenger is provided, demand that the responsible official explain on the basis of which judicial order this print was prepared. Any evidence obtained without a warrant is actually considered the product of the agent's crime (violating Article 582 or 580 of the Penal Code), and the court should not punish a citizen based on evidence that is the product of a violation. Although judicial procedure in Iran does not have the necessary integrity and much explicitness in invalidating illegal evidence, you must raise this objection officially and document it if possible. As an example, you can refer to Article 48 of the Computer Crimes Law which states that search and seizure of data or computer systems must take place pursuant to a judicial order and in cases of strong suspicion of the discovery of a crime or identification of the accused.
3. Challenge the authenticity and integrity of digital evidence: Printouts and screenshots are easily forgeable or manipulatable. Say: "These data could have been tampered with or presented out of context, and their attribution to me is a matter of doubt," and request an official expert examination of the electronic evidence and ask that the "original version/original file" be re-examined, not merely the printout. Compare the content of the data presented in court with the copy version you received at the time of seizure and search and declare any difference to the judge. Also, emphasize the "chain of custody" of the evidence (who had access from the time of recording until presentation). Remind that according to Article 42 of the Computer Crimes Law, seizure of computer systems must be proportionate to their role in the crime and as far as possible be performed by methods like imaging the information. If they have kept your device without reason, the possibility of changing or planting data has existed. Express these doubts so that the court becomes more cautious in the unquestioning acceptance of the documents.
4. Object to irrelevant data and violations of privacy: If photos, family messages, or information that has no connection to the charge have been entered into the case for character assassination, take objection that these parts are irrelevant and merely violate privacy and dignity. You can request their removal from the case or confidential/non-public processing (referring to the principle of preserving the dignity of detainees). Cite Article 39 of the Constitution which considers preserving the dignity of detained individuals as mandatory and say: "The presentation of these private images/materials in court lacks legal validity and merely causes defamation." Request the court to remove this part of the documents from the case or at least process them confidentially.
5. Explain the conditions of data acquisition: If access to the phone/accounts or providing the password/confession took place under threat, pressure, or without the presence of a lawyer, be sure to state it and say that forced confession/cooperation has no probative value and consent must be free and informed. Explain that in detention without the presence of a lawyer, you were forced to allow the police access or made statements under psychological pressure. Remind that legally, a confession under pressure has no value and ask the court to pay attention to the probative value of such evidence. For example, say: "Yes, this confession that this Telegram account belongs to me was taken from me in detention, but I was under severe mental pressure and according to the law, a coerced confession lacks validity. Now in free conditions, I declare that this account was not necessarily in my control." Even if the account belongs to you, such a defense can reduce the intensity of reliance on it or at least clarify the situation. Also, if as a result of not having access to a lawyer or consultation, you gave uninformed consent to the search of data, say that you were not informed of your rights and this consent lacked validity (because consent must be informed and free).

Note that the judicial system of Iran is an extremely inefficient, corrupt, and unreliable system. Nevertheless, awareness of legal rights can in many cases minimize the implementation of illegal opinions based on the assumption that the accused has no understanding of the laws. In Iran's legal system, tools—albeit very incomplete—have been foreseen for the protection of privacy. Using these tools is always better than not using them.

Quick Checklist for the Accused, Families, and Lawyers

During Search/Seizure:

• Judicial warrant? (Number, date, issuing authority, scope)
• Minutes (Soorat-jalas-eh) and property receipt?
• Presence of possessor/local witnesses?
• Seizure beyond necessity? (Lack of proportionality)
• Receiving the minutes
• Possibility of complaint

During Interrogation:

• have you been notified of your right to legal counsel?
• Was your request for lawyer taken in writing?
• Was there any threat/compulsion to provide your password? (Recording and forensic medicine report in case of injury)

During Court:

• Objection to the legitimacy of evidence acquisition
• Request for expert examination of electronic evidence
• Protest against irrelevant data/privacy violations
• Objection to the conditions of data acquisition