The Commercial Use Of Privacy

The article focuses on the positioning of the commercial use of privacy in the legal system. In view of to determine the scope of privacy to be used commercially is the premise of follow-up, first of all, re determine the relevant elements of privacy which is the basis for the commercial privacy in the right framework. The natural privacy in the formation of rights should be typed into two types which can be invasive and open. Among them, the elements of the former are the relationship of personal privacy, the reasonable expectation of space control and space should be used effectively; the limiting factors of the latter include the necessity of individuals who are alone, non disclosure, and a reasonable expectation by taking a position or event as the standard. The non-public properties of privacy shall not be governed by the concept of "privacy" and the personal information protection legislation, and then be understood as "private". And combining with maintaining individuals to get along, the purpose of the privacy establishment, use a third people can not have arbitrary access as the bottom line. The actual privacy is to limit the scope of privacy protection. At the same time, it has played a guiding role in the process of legislators’ measuring the interests of conflict. From the angle of human instinct, insist on as far as possible to meet the minimum needs of the conflict of interests as a precondition for using the theory of value level. Combined with the defensive settings of the invasion of privacy, the essay clears the scope for the commercial privacy is the open type of privacy, on the basis of which, the necessity and feasibility of the commercial privacy legislation is demonstrated. From the perspective of the attribution of the right of privacy to the spiritual personality and personal right, the development course of the natural law theory is analyzed, the difference between "person" and "personality" is distinguished, and it is pointed out that the "personality" is not necessary to the existence of the material entity of human being in the meantime. Finally, the breakthrough of the traditional theory of personality right is realized. About the interest adjustment and system positioning of the commercial use of privacy, the common way of thinking is not used to determine the right type and then to limit the configuration mode. Taking into account the law is the result of measuring the conflict of interests and the civil rights system is the embodiment of the abstract formulation of the law, the relevant systems of the United States and Germany are analyzed in advance. That the legal effect of the righter transferring or authorizing person to use the economic benefits of personality is the same is concluded. And from the related interest adjustment mode fitting with Chinese existing legal system and the concept and similar to social life of our country, proving the interest allocation in China also be used. Among them, the former includes the dependence of the material interests on the spiritual interests, justice and efficiency and the unjust enrichment. The latter includes the objective social background of our country, the interests of the righter and the possibility of the obligation to be followed. And then through the analysis of the non curing characteristics of the civil rights system, combined with the functions of the interpretation, creation and complement of general personality rights, determine that the general personality right of the personality right system in our country is the up-concept of the specific personality right and other personal interests. Referring to the American public right and the German general personality right, list that there are five kinds of alternative routes in our country theoretically, the establishment of commercial rights outside the general personality right, the expansion of the general personality right, the commercial rights established under the general personality right, the corresponding specific personality rights established separately, and the expansion of the content of specific personality rights. Finally on the basis of the internal harmony of the personality right system, the specific personality right which can be generally used by other spiritual and specific personality rights in the general personality right is determined. On the basis of the foregoing, the law of personality right should be established in the future. Establishing a strict system of logic as the standard, make the following recommendations, set the personality right of the material type, the personality right of the spiritual type, and the commercial right in the specific provisions of law, simultaneously, taking into account the need to protect the interests of other personalities, the word "general personality right" is not clearly defined in the general, but make specific provisions in the provisions of the specific provisions about the scope of adjustment in the personality right law that the right of personality is to safeguard the rights of personality independence, freedom, personality equality and dignity.