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On The Different Protection Of Sensitive Privacy And General Privacy

Posted on:2007-02-14Degree:MasterType:Thesis
Country:ChinaCandidate:C ChenFull Text:PDF
GTID:2166360185487110Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
The scope of this article is confined to the right to keep information privacy confidential. The arguments are based on the division between two kinds of privacy information: "sensitive privacy" and "general privacy". "Sensitive privacy" means privacy that can bring on discriminations or reputation damage to the information subject. The privacy information other than "sensitive privacy" belongs to "general privacy". General privacy's being known by others wouldn't generally hurt the information subject directly, but the consequent acts resulted by the discovery of information may give some damage to the information subject. The concept of privacy in our country derived from "shameful secret" originally, only few items of sensitive privacy included. With the eastward pervasion of west privacy views and development of world human rights researches, the concept of privacy in our country expanded rapidly, so that the general privacy information which was in public domain before become the protection object of right to privacy too. However, sensitive privacy and general privacy have notable differences on their pertinence to the mental interests of information subject and the circulating value on them. If the ideas for sensitive privacy protection are followed by general privacy without any changes, it will be suspected of overdone, with the freedom of speech restricted too much, people's relationship distant and circulating costs of information resources increased. Improvements on our rules for the privacy protection based on the differences between sensitive privacy and general privacy will be one trend of design of rules and research of theories on right to privacy. In the components of and exceptions to infringement to right of privacy, this article rudimentarily finds out the differences that should exist between sensitive privacy and general privacy and designs different protection rules according to their character individually.
Keywords/Search Tags:sensitive privacy, general privacy, right to information privacy, right to keep confidential, different protection
PDF Full Text Request
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