Duties of controllers and processors in preventing security violations of information exchange networks

Document Type : Technical-Scientific

Authors

1 Associate Professor of the University of Judicial Sciences and Administrative Services

2 Associate Professor, Faculty of Entrepreneurship, University of Tehran, Tehran, Iran

3 Student of Phd in Private Law In University of Judicial Sciences and Administrative Services-Judge

Abstract

In today's world, information exchange networks play an essential role in collecting, exchanging, processing, storing and maintaining information, so that these networks can be considered as vital information arteries of countries. Prevention of security violations of information exchange networks requires mechanisms to maintain the integrity and security of network implementation. Among the components of the network are the subjects of the data and the data of the exchanged messages. In this process, managers of information exchange networks and data processors of messages, which are called controllers and processors, have duties. The question that the current research seeks to answer is, what will be the duties of these persons in the field of preventing security violations of information exchange networks? In order to answer the mentioned question, the present research, using a documentary method, by studying the regulations governing the legal system of the European Union and applying these regulations to Iran's laws, the duties of these persons in carrying out appropriate measures in the correct and legal implementation of information processing, duties for informing Data subjects (obtaining his consent for processing, announcing the reasons for rejecting his request, lifting restrictions on processing, protective measures in transnational exchange of information, data subject rights, measures taken in the process of information processing, existence of risk in processing), other controllers and Processors (in announcing the level of removal or restriction in processing) and regulatory authorities (in cooperation and notification) have acted. In the conclusion part, the present research has attempted to provide some policy recommendations, including amending the laws, informing the people, and the licensing mechanism in order to improve the implementation of the processes mentioned in this research in Iran.

Keywords