Document Type : Original Article
Authors
1
Assistant Professor of Criminal Law and Criminology, Roshdiyeh Institute of Higher Education, Tabriz, Iran.
2
MA in Criminal Law and Criminology, Islamic Azad University of Tabriz.
3
PhD Student of Criminal Law and Criminology, Islamic Azad University, Tabriz Branch, Tabriz, Iran.
Abstract
Background and Objective: Electronic litigation, as an innovative process, has significantly reduced many challenges in the judicial procedure and plays a key role in achieving the primary objective of criminal law: ensuring justice and legal accountability in the shortest possible time. This type of litigation, by minimizing temporal and spatial constraints, reducing judicial system costs, increasing the speed of case handling, improving information management, and enhancing judicial and administrative security, has brought substantial benefits to the legal system.
Despite these advantages, one of the major challenges of electronic litigation is the violation of individuals’ privacy. Digital technologies, by providing extensive tools for data collection and processing, create new threats to the security of personal and professional information and underscore the urgent need for privacy protection. The present study, while examining the manifestations of privacy violations in the electronic litigation system, analyzes preventive measures against these threats across three key stages of litigation: investigation, trial, and enforcement, aiming to propose a comprehensive framework to enhance the efficiency and security of electronic litigation.
Research Method: This study employs a descriptive-analytical approach to examine various aspects of privacy protection in electronic litigation. It identifies situational, social, and legislative preventive measures and analyzes mechanisms to improve performance and strengthen public trust in the judicial system.
Findings and Results: The findings indicate that privacy in the digital space holds the same legal and ethical significance as privacy in the physical world, and safeguarding personal and professional documents and information is essential. Regarding situational prevention, electronic monitoring and judicial oversight using advanced tools are among the most effective strategies. Social prevention includes enhancing digital literacy, promoting transparency, increasing public trust, and encouraging citizen participation in oversight. From a legislative perspective, enacting an independent and effective law to protect privacy is of critical importance.
Establishing a secure and transparent electronic litigation system requires coordinated collaboration between judicial authorities and civil society, and preventive measures across the legislative, situational, and social domains must be implemented simultaneously to mitigate privacy threats and maintain public trust in the electronic judicial system.
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