Table of Contents

The Privacy Territory Domain

As mentioned before, since the dawn of human life on the earth and the feeling of the possibility of others’ presence and interference in one’s own privacy, humans began to strive for separating and determining the boundaries of his own life privacy and public areas. One attempted for considering the separation of these areas as certain and non-vulnerable and determined his privacy based on definite and clear scales and regulations accompanied with determining some examples.

Determining the scope of privacy is of special importance from the point of view that from one side, the possibility of complete and fully-fledged defense of this certain and valuable right is provided; and from the other side, forbids people from transgression or violation of others’ or society individual right which is resulted from not determining a right domain for people’s privacy.

It is clear that if the determining of people’s privacy domain is based on the right and sensible criteria in addition to regarding of every person’s privacy, it guarantees the others’ rights and society benefits and its acceptance from society individuals and governments causes the stability and consolidation of people’s privacy. Otherwise, the grounds for breaking of this privacy because of the contrast between the person’s benefits and others’ or society interests may be formed and impedes the continuation and stabilization of practicing of this certain right.

Due to the importance and sensibility of the required criteria for determining the privacy, recognition and counting of the most important elements have direct and considerable influence on determining these criteria. Some of these elements are:

A. Society’s Customs and Culture

Generally, the element of culture in every society has a close relation and direct significant impression in determining the criteria of people’s privacy. The scope of culture includes beliefs, customs, traditions, manner of life and people’s relations with each other in a society and these must not be neglected.

The influence of culture is so extent that even the outward and surface structure of people’s lives in a society or the style of a building's architecture can be influential and effective in determining and distinguishing of the scope of people’s privacy.

Noticing the element of culture is in fact regarding the impediments that are observed in a society and perhaps are not existed in other societies.

B. Society’s Economic Structure

The influence of economic structure in determining the criteria related to the privacy territory is the consequence of the economic influence on personal and social relations in a society.

There is no doubt that the kind of structure and economic situation of a society has a significant and an undeniable influence on regulating of a society people’s relations with each other from one side and with the government from another side.

It should not be expected that social relations in societies based on an open economy and capitalism be identical and the same as societies with the socialistic or common economy. Having an open or closed economic system in a society influences the regularizing of these social relations.

C. Society’s Political Structure

Among influential elements in selecting a proper criterion for determining the area of privacy is the structure of government and society political organizations.

The formation of political structure depends on several elements such as: general culture of the society, historical and political backgrounds of every society and people's individual and social beliefs and tradition. Establishment of a political system in a society without considering these elements will not be durable and stable.

D. Social Security and General Interests

Doubtlessly, one of the important concerns in determining people’s privacy is the influence of this issue on the subjects of social security and general interests and benefits. Because any kind of excess and immoderation in the expansion and spread privacy area can cause the possibility of misusing of this right and violation of the public rights or endangering the social security. Thus, it is necessary to lay out the criteria for determining the scope of privacy in a way that guarantees the impossibility of misusing and any society detriments, especially social security. Where the right of a person’s privacy contrasts with the individuals of a society right of having social security, the priority must be taken for public interests.

E. Other Rights and Basic Freedoms

Recognized and considered individual and social rights for human beings are among the most influential elements for determining criteria for the privacy limits. For instance, limits and terms of freedom of speech in a society can have a direct and special role in determining the privacy area of the society individuals, and causes the expansion or limit the people’s privacy area.

The society individuals’ right of free using and access to information also can clearly influence the people’s privacy. It is clear that the expansion of the right of using and access to information as a constant and potential danger can be regarded people’s privacy restricting elements.