A Comparative Study Of The Right Of Privacy

What is the right of privacy?What are the boundaries of invasion of privacy?These problems have been plaguing the jurist at home and abroad.The concept of the right of privacy originated in the America,legally speaking,people generally believed that the concept of the right of privacy came from the Right to Privacy,Warren and Brandeis published on Harvard commentary in 19 centuries.the book of restatement of torts,published in 1939,has made an explicit protection on the right of privacy and the protection of the right of privacy has formally established on America Tort Law.America Law has developed the right of privacy in Tort and Constitutional law by cases thus far.In England,still does not recognize the right of privacy.Some scholars try to ask the judge to create an act to protect the personal privacy,but all ended in failure.Generally believed that European Convention on Human Rights and The British Human Rights law urged UK to go further in admitting the general privacy.In a word,Expanding the protection of privacy through the doctrine of precedent.After the federal court confirm the general personality rights,the right of privacy has been protected through it in civil law.The concept of freedom of speech has multiple meanings and also with high abstract concerns.It is a term that concerns people should enjoy the human rights in the speech activities.Scholars at home and abroad have definitions of the freedom of speech,always debating.National provisions for freedom of speech is not the same.From the right essence,the right of privacy which researches the freedom of speech.So the connotation and extension of the freedom of speech determines the difference standard setting when the right of privacy conflicts with the freedom of speech.Dealing with the right of privacy and the freedom of speech,different countries take various standards.Mainly based on the influence of national culture and other factors.Cause different definitions and different scope of protections,most countries take different measures.Only by establishing clear standard,can we clearly determine the circumstances under which belongs to the infringement of the right to privacy,and which belongs to the protections of freedom of speech.With the development of society,personal right has an inevitable expansion.Will this infringe upon people’s freedom of speech?Will this too much protection of privacy be reduced to the citizen’s right of free speech?Under this circumstances,which is more important?The right of privacy or the freedom of speech?The conflict of he right of privacy and the freedom of speech looks like the conflict between two rights,but actually is the problem of the public and private rights, power and rights.The public freedom of speech as sacrosanct rights,based on the contract provisions of free people,and comes from the public issues should be decided by the universal vote.This contact requires people to enjoy the freedom of speech but also not to infringe the privacy of others.