The Privacy Protection In The Transnational Surveillance

The method of the Transnational Surveillance was mainly the network monitoring implementation,which used the electronic and physical means to gather all kinds of information from computer server in other countries.The information include email,voice,video,communication,metadatas.Trough the analysis of data,collecting the economic,political and diplomatic messages from the target country.Under the background of fighting against terrorism,it monitored other countries to promote the development of economy and politics.The purpose of this paper was to discuss the protection of privacy in the transnational surveillance.The privacy has a long history,all countries payed great attention to the protection of privacy,The different countries and regions used respectively the direct and indirect ways to protect the privacy,in addition,whether the global multilateral treaties or regional multilateral treaties.The right of privacy was a new field of the international law.However,the transnational surveillance have impact on the subject,object and content of the privacy.The personal information,private space,private activities and private areas of the natural person have been severely damaged.Private information was illegally acquired,used,transmitted,and sought illegitimate interests.When the privacy conflicted with the public interests and national security,The law will reduce and limit personal privacy to balance the personal interests and national interests.Europe and the United States have the comprehensive systems,and it continues to develop with time goes by.The disadvantage was that the provisions were too general,it lacked the effective supervision,which easily lead to abuse the power.This paper was based on the Jessup international moot court case,Olmsted v.United States case,Katz v.United States case.It analyzed the issues of protection in transnational monitoring.There was no protection in judicial practice in the Olmsted v.United States case.Government telephone monitoring behaviors were also considered legitimate acts.The protection of privacy rights were changed from a single property rights to the personality rights in the Katz v.United States case.It developed the protection of privacy.The regulation of transnational Surveillance was scarcity in China.There was no formal law about the transnational Surveillance.The regulations were distributed in the different legal norms.The government needs to speed up legislation.Transnational monitoring was put forward under the background of anti-terrorism.The exercise of the right of supervision belonged to the NSB and Police Station in China.The administrative organs independently decided to implement the law,but it lacked the effective external supervision.On the one hand,we should strengthen the protection of the privacy,and improve the relevant system.On the other hand,we could improve the system of transnational Surveillance.It cleared the scope of the protection,the reasonable period was determined.The government use reasonably the information to improve the method of the right remedy.The protection of personal privacy and national public interest will be achieved.