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Ethics and Civil Liability of Research Centers: Violation of Human Privacy (Comparing Iranian and American Law)
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Zohreh Kolivand1   , Mohsen Vaseghi2 , Mahdi Fallah Kharyeki3 |
1- 1. Department of Law, Ayatollah Amoli Branch, Ayatollah Amoli International Center, Islamic Azad University, Amol, Iran.
2- Department of Law, Payame Noor University, Tehran, Iran , mohsenvaseghi@pnu.ac.ir
3- Department of Law, Ayatollah Amoli Branch, Islamic Azad University, |
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Abstract: (9 Views) |
Background: In the civil liability law of various countries, including Iran, many of the designed laws are due to their commitment to ethical standards. One of the most important ethical laws in civil liability is attention to privacy. With the increasing expansion of research on humans, research centers have become the main actors in knowledge production and at the same time the trustees of very sensitive medical, genetic, and psychological data. Respecting the privacy of participants in scientific research is one of the fundamental ethical and legal requirements, the violation of which can lead to the realization of civil liability of research centers. This study aims to analyze the foundations and conditions for the realization of civil liability of research centers in the violation of the privacy of human samples and to compare the legal frameworks of Iran and the United States. The study was conducted using a descriptive-analytical method and by collecting data through library resources, legal documents, judicial practice, and research ethics documents at the national and international levels.
Conclusion: In the United States, in addition to fault-based liability, the theories of "risk" and "strict liability" are also applied to the public disclosure of private information, and the fulfillment of the four aforementioned conditions is sufficient to establish liability; however, in Iran, remaining limited to the fault basis has made it difficult to prove and compensate for the injured party and has weakened the deterrent function. This study showed that fault-based civil liability in Iran does not respond to the new risks of human research data disclosure, and that the US hybrid model, with strict liability for public disclosure of private information, is an efficient model for ensuring real protection and effective deterrence.
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| Keywords: Civil Liability, Privacy, Research Centers, Iranian Law, US Law. |
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Full-Text [PDF 988 kb]
(7 Downloads)
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Type of Study: Review Article |
Subject:
Special
Received: 2025/07/12 | Accepted: 2025/09/13 | Published: 2026/01/30
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