Legal Challenges of Employing Artificial Intelligence and Data Processing in Situational Prevention of Cybercrimes under Iranian Positive Law

Abstract

The rapid growth of emerging technologies, particularly artificial intelligence and big data processing, has fundamentally transformed policies for the prevention of cybercrimes. Within the situational crime prevention approach, the objective is to reduce opportunities for the commission of crime through the deployment of technological tools; however, the use of intelligent systems in identifying criminal patterns, analyzing behavioral data, and predicting the occurrence of crime has generated complex legal and ethical concerns. Under Iranian positive law, although the Computer Crimes Act and higher-level regulatory instruments related to cyberspace refer in general terms to data security and privacy requirements, a comprehensive regulatory framework governing automated and algorithmic decision-making in preventive processes has not yet been developed. The present study adopts a descriptive–analytical approach and employs a library-based research method to examine the legal challenges arising from the application of artificial intelligence and big data in the situational prevention of cybercrimes. The findings indicate that the most significant challenges include the absence of explicit regulations concerning civil and criminal liability arising from algorithmic decisions, threats to privacy and data protection rights, lack of transparency and explainability in automated decision-making, and the risk of algorithmic bias or discrimination. Moreover, the tension between the efficiency of data-driven predictive mechanisms and the requirements of fundamental rights of citizens—such as the presumption of innocence and the rule of law—constitutes a central challenge. Accordingly, it is recommended that the Iranian legislator, drawing inspiration from international models such as the European Union Artificial Intelligence Act and the OECD Principles on Artificial Intelligence, enact specific regulations concerning data governance, algorithmic transparency, technical–legal auditing of artificial intelligence systems, and the establishment of an independent supervisory authority. The realization of such a regulatory framework can enhance the effectiveness of the cybercrime prevention system while safeguarding citizens’ rights in the age of artificial intelligence.