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On The Conflict And Balancing Of Interest Between The Right To Privacy And The Right To Information

Posted on:2008-04-29Degree:MasterType:Thesis
Country:ChinaCandidate:J YuanFull Text:PDF
GTID:2166360215455467Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
The right to privacy and the right to information are the fundamental rights are basic human rights, However, due to the confrontational nature between two rights, privacy is conservative, closed-controlled features, and a public right to know, open, export-oriented features, in practice these two rights are often in conflict, This paper attempts to define the right to privacy, the right to know the basis of clear definition of both the causes of the conflict, find a solution to the two conflicts.In this paper, the goal of the research is to find privacy and the right to know the solution to the conflict, which is the value of this paper lies. To achieve the objectives, we must resolve three key problems : First, the right of privacy includes the contents of this issue theorists have different perspectives, I agree with the contents, including the right to privacy of personal information, privacy tranquility, decided three private matter, Among them, the personal information of the discussion, I believe privacy is subjective decisive. So I set up the right to privacy of their personal information held by others known to the privacy wishes of the constituent elements.Second, the right to know the content of the right to present their understanding broadly consistent with the theoretical circle. Based on practice will be understood to include the right to know the content knowledge regime social information between the parties and the right to information, I think that the personal privacy of their own personal understanding of the information empowerment know, but not know the scope of In this paper, the economic life of the natural conflict between privacy and the right to know the location of the parties to privacy and informed Right Conflict, In this paper the author also discussed the new "lecture" on the right to privacy and the parties know the registration system the protection of the rights and conflict, which is not mentioned in the academic discourse, this is the first.Third, the right to information and privacy reasons for the conflict with the actual performance. For the right to information and privacy and actual performance analysis of the causes of conflict, conflict directly affects the design of coordinating, Therefore articles will be discussed as a major problem. The main issue discussed based on practice, summed up the performance of specific practice. Analysis of these two rights, the deep-seated causes of conflict. The article expounds on several issues in more detail above, the proposed conclusions of the article laid the foundation.Discussion on the right to information and privacy in the course of the conflict, because the concept of privacy is only private areas. Therefore, the right to privacy and the right to know information to the settlement of the conflict should be the first position in the areas of privacy, Generalities and to know if it would hard to know the contents Private areas are difficult to extract information privacy and coordinate the resolution of the conflict, This paper's right to know of private limited areas.In addition to this introduction, comprises three parts : a study and discussion on the concept of privacy, the main object; know the concept, in the main, the object of content. Second, that privacy and the right to know the causes of conflict and its manifestations in practice; 3. raised privacy and the right to know the principle of the settlement of the conflict.Part one: The right to privacy and The Right to imforrnationI definited of the right of privacy enjoyed by its natural person nothing to do with the public interest and to maintain the use of private information and private activities related to public interest, non-interference in the private sphere of human rights. I believe that the right to privacy would only natural for survival, any other organization, can become the main corporate privacy, Namely, the object of privacy privacy, Include the right to privacy of personal information, privacy tranquility and personal affair three aspects of the decision. Right to know : the definition of natural persons, legal persons and other organizations noted that access to information should be aware of their freedom. I know that the principal, including citizens, legal persons and other organizations should also be included. The object of the right to know all information not protected by law. Furthermore, the authors defined as a constitutional right to know.Part two: The causes of the conflict between the right to privacy and the right to imformation and its manifestationsFrom their features they look at the causes of conflict: privacy is conservative, closed-controlled features, open and informed, open and outward characteristics. I believe the right to privacy and the right to know the conflict is mainly based on the following four reasons : First, the right to have two different values ; Second, the main right from the point of view of two different characteristics of a right to privacy with the conservative-controlled or characteristics, and have the right to know the characteristics of the patch or open. Third, it also stems from a conflict between the "rights between rights" theory , Fourth, the two right in the main difference is one of the reasons leading to the two clash. Based on the analysis of the right to privacy and the right to know the causes of conflict, I believe the right to privacy and the right to know the conflicts in practice mainly in three aspects : First, the privacy and the right to know and government officials; Second, social information and the privacy of public figures; Thirdly, know of information between the parties.Part three: the specific principles to resolve conflict between the right to Privacy and the right to informationI believe in the right to privacy and the right to know the relationship, under different circumstances, different principles were applied. This paper proposes a solution to the conflict when the three specific issues, Celebrity : no privacy principles, principles and interests focus on privacy protection measure, which focuses on measurement and analysis of the interests of the two principles in resolving conflicts and to the specific application.In this paper, the opinion of the following three main areas : First, re-define the meaning of the right to know. that the right of individuals to information known to be aware of privacy empowerment, rather than the right to know the contents. Second, the right to privacy and the right to know conflict resolution, use to measure interest in specific analysis of the practice of the principle of privacy and the right to know solution to the conflict. Third, the introduction of the new "property rights" property registration system, interested in the protection and privacy rights of people to know the solution to the conflict. to the right person should be allowed to resolve the premise of the two conflicts.
Keywords/Search Tags:the right to privacy, the right to information, Conflict, balancing of interest
PDF Full Text Request
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