Study On Protecting The Right To Private Sphere

According to the "not seeing" and "not disturbing" character of the right to privacy, it can be divided into two categories:the right to private sphere and the right to private information. The right to private sphere is a new content in the development of the right to privacy, and it refers to the particular right to privacy of the obligee for their privacy not to be spied on, invaded and disturbed. The right to private sphere is consisted of two parts:the absolute right to private sphere and the limited right to private sphere. The absolute right to private sphere is the right which is absolutely dominated by obligee, while the limited right to private sphere refers to the right of obligee in public place with reasonable expectation of privacy. Different from the right to private information, the right to private sphere focuses on preventing the tort behavior to obligee’s private place by others, the pry behavior into obligee’s private activities and information, and the disturb behavior to obligee’s everyday life. The right to private sphere protects the obligee’s privacy from the origin, rather than offer right relief after leaking out of private information. However, at present, the right to private sphere is not protected as a legislative right, and problems still exist in the protection for the right to private sphere, such as unclear legal status of the right to private sphere, incomplete responsibility mechanism for tort behaviours, and excess disturb from government authorities. Therefore, in constructing the protection mechanism for the right to private sphere, firstly, specific legislation for the right to privacy should be made, and the legal status of the right to private sphere should be defined clearly. Then, the constitution and methods of responsibility for tort behaviours ought to be explicit. Rulers for responsibility for tort behaviours should be constructed. Finally, care should be taken when treating the monitor to citizens by government authorities with the excuse of protect the so called "public interests", and regulations for the interference from government authorities to citizens’private sphere should be carried out.