Applicable Law For The Foreign-related Privacy Infringement

Since born in the end of the 19 th century, along with the development of the times and the upgrade of science and technology, the connotation of the right of privacy got enriched and developed. From "private space not be violated" said by two American scholars Warren and Brandies to the protection of the personal data and information, the scope of right of privacy has been extended to all aspects of the personality right. Countries around the world have legislated the basic law and special law and other ways to protect the right of privacy of national. The infringement disputes of foreign-related privacy is becoming more and more frequent because of the rapid development of global economy and the increase of international trade. Compared to the general tort disputes, the infringement disputes of foreign-related privacy has particularity. It not only involves the victim’s interests of the personality rights, but also relates to the basic rights of other countries’ citizen. Therefore, it’s necessary to comparative study of conflict rules of the infringement of foreign-related privacy. At present, it’s scarce of comparative study of conflict rules of the infringement of foreign-related privacy in our academia circles. It also makes the judicial practice trapped when handling disputes."The Law of the Application of Law for Foreign-related Civil Relations of the People’s Republic of China" has been issued by the People’s Republic of China in 2010. It is the landmark events in the history of the development of private international law. Article 46 stipulates the conflict rules the violations of personality right by the media, it embodies the legislation of special protection of personality right. Article 46 has certain positive meaning and rationality of the regulation, but the rule is too ambiguous and broad. It may bring trouble to the application of the judicial practice. Thus, it is necessary to explain and improve the existing conflict rule of infringement of foreign-related privacy.Based on this, this paper discusses to improve the conflict rule of infringement of foreign-related privacy, which is based on article 46. This paper is divided into four parts, it analyzes and improves the conflict rule of infringement of foreign-related privacy.The first part introduces the development and concepts of the right of privacy. On this basis, this paper analyzes the characteristics of the foreign-related right of privacy, and uses a typical case to discuss the infringement of foreign-related privacy. At the same time, it talks the legislation of privacy protection. Then, it analyzes the differences on the protection of right of privacy through the comparison research, and realizes the cause of conflicts of law.The second part discusses the conflict rules and law application of handling foreign-related privacy infringement to summarize three legislation models, such as the general infringement conflict rules, conflict rules of personality right infringement and conflict rules of privacy.The third part uses the method of comparative analysis to discuss the difference among the general infringement conflict rules, conflict rules of personality right infringement and conflict rules of privacy and analyze whether it needs to formulate specialized conflict rules to adjust foreign-related privacy infringement and whether needs to adjust the conflict rules of foreign-related privacy infringement independently from conflict rules of application of law of personality right infringement. At the same time, this paper discusses the left dispute when regulating the European Rome Ⅱ to explore the reasonable way of resolving conflict in foreign-related privacy infringement.The fourth part mainly discusses how to improve our country’s conflict rules of the privacy infringement. Firstly, the paper takes an overview of the legislation of applicable conflict rules of foreign-related privacy infringement back and forth. Then gives a reasonable explanation to article 46. Finally, this article puts forward reasonable suggestions on the basis of other country’s advanced experience of legislation, in order to improve the conflict rules of foreign-related privacy infringement.