Privacy Legal System

This dissertation falls into four parts. Part I: Privacy and rights of privacy; Part II: Current state abroad about the legal protection of rights of privacy; Part III: Analysis on legal institutions about rights to privacy; Part IV: the structure of legal institutions about rights of privacy.In part Ⅰ, this dissertation firstly discussed privacy and its cause of birth as well as the development courses of right to privacy. As the product of human civilization, it is mostly affected by science and technology. As the demand of a natural right, it plays an important role in reality and law. The author augues that it is a demand to maintain personal inner world security, that relevant institutions are safeguard to maintain human dignity and carry out the construction of spiritual civilization. Finally, this paper analyzed the theoretical basis on the legal protection of rights to privacy from four perspectives (namely human rights, constitution, civil law and other laws), argueing that there are profound right connotations and demand in explaining why rights of privacy are protected by law.Part Ⅱ introduced the current state about the legal protection of right to privacy in the USA, Canada, the UK, France, Switzerland, Japan and in international community. Meanwhile, this paper discussed the new problem deriving from internet technology. The protection methods adopted by the above countries can be summarized as two types: one is that, as a separate right to personality, it is regulated either in civil law or in separate laws; the other is that as an attached right, it is protected as the right to reputation or portrait or housing in relevant laws. Morever, every country understands extensively and meticulously the scope of the right to privacy. In addition, with the increasingly profound effect of science and technology on it, many countries enacted separate laws and regulations to protect the right to privacy in Internet, digitalized information, and personal data.In International community, taking right to privacy as a fundamental human right, the international or regional human conventions included clauses on international or interregional legal protection on it.Part Ⅲ analysed the making of Law on right to privacy, put forward the meaning ofprivacy and the right to privacy, argueing that privacy is a state of being away from others, alone and undisturbed. The right to privacy is a spiritual right to personality whose contents included personal information, personal space and private activities. On the above basis, this dissertation distinguished right to privacy from the right to reputation and from the right to knowing. This dissertation analysed civil legal relationship about rights of privacy from three aspects of subjects, objects and contents, thinking that its subject can only be natural person, that its object is privacy and that its contents indued right to personal peaceful Life; right to personal information privacy, right to personal communication privacy, right to personal privacy use, right to anonymous activity, right to personal privacy maintainance. Finally, this dissertation discussed the general elements of infringement of privacy and the civil liabilities that should be taken by the invader. Infringement of privacy is supposed to conform to the general elements of torts.Considering the scattered, obscure and impotent legislation in China, part IV put forward the concept of establishing and perfecting legal institutions about the protection of rights to privacy on the basis of analyzing the current state. Firstly, it is imperative to establish and perfect legal institations, to separate privacy from rights of reputation and give it independent protection, to perfect the legal liabilities arising from infringement of torts, to enact the separate Law on the protection of personal private information; to enact legal regulations about electronic monitoring, news and publishing and working places. Secondly, legal norms about professional morals should be drafted to promote citizens' moral accomplishment and the consciousness of respecting others' privacy. Thirdly, international treaties should be unified to the Jegal conflicts in the respect of protection of personal privacy.Fourth, particular non-legal mechanism about the protection of personal information should be established to protect privacy in internet.