نوع مقاله : مقاله پژوهشی
عنوان مقاله English
نویسنده English
The expansion of e-government as a strategy for enhancing public service efficiency has transformed the nature of legal interactions between the state and citizens. Relying on automated and data-driven systems, new challenges have emerged in the realm of state civil liability that traditional laws cannot adequately address. This research aims to analyze the legal challenges arising from the implementation of e-government and clarify the foundations of the state’s civil liability regarding damages suffered by citizens due to system errors. The main research question is: In the event of failures in digital government processes, what legal basis exists for compensating damages and determining liability? The present study employs a descriptive-analytical method, utilizing library and documentary sources. The findings indicate that shifting from the theory of fault to the theory of risk and strict liability is essential for compensating damages caused by software bugs, server outages, or algorithmic decision-making. Furthermore, ambiguity regarding the boundaries of liability between private contractors and the state remains a primary obstacle to citizens’ access to justice. The final conclusion suggests that to achieve digital justice, there is a need to revise civil liability laws, ensure algorithmic transparency, and establish independent supervisory mechanisms, thereby increasing citizens’ confidence in legal security within the digital space.
کلیدواژهها English