Research On The Protection Of Citizen 's Privacy Right Under Camera

As an important personality right, the protection of the privacy right is a great importantissue to our country and foreign countries. The privacy in private occasion is inviolability,which is no doubt. With the rapid development of modern science and technology, in orderto keep public safety and trace the crime objective, public places of cameras, also asknown as the “electronic eyes” such as bamboo shoots after a spring rain sort appear ineach corner. People in public places are in the “monitor”. The right to privacy is hurt in anendless stream because of the cameras. How to treat this kind of “the electronic eye” underthe condition of personal privacy, our legislation did not give enough attention and judicialjudgment also took the conservative attitude. We have to face this sensitive legalprotection of privacy in public places and find the balance between the public interest andpersonal privacy. It is also an important part in the development of our national legalpersonality right system. In this paper, according to some specific cases, we will discusshow to use the electronic monitoring technology to balance the public interest and theright to privacy. Then make the legislation of electronic monitoring perfect.The text is divided into three parts.The first chapter, the general problem of the citizen right to privacy. The privacy inpublic places and in private occasions will be discussed and analyzed. Then will expoundpublic places also enjoy the right to privacy.Chapter II, the electronic monitoring behavior in public places. Discuss the definition ofthe electronic monitoring and the necessity of installation. Then analysis existingproblems.Chapter III, electronic monitoring and personality privacy. As the core part of thisarticle, focusing on the protection and the conflict under the electronic monitoring.Through some practical cases, find the balance between the citizen privacy interest and thepublic interest. Finally, give some suggestions to improve the legal regulation of cameraequipment.