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Research On The Application Of Legal Regulation Of Monitoring Technology In The Perspective Of Privacy

Posted on:2016-06-18Degree:MasterType:Thesis
Country:ChinaCandidate:Y F ZhuFull Text:PDF
GTID:2356330488497688Subject:Master of Laws
Abstract/Summary:
The problem of monitoring the right of privacy is not only a legal issue, but also a problem of the right to protect. To study the basic theory of monitoring technology and the right of privacy, and to analyze the current situation and causes of the conflict between monitoring technology and privacy right, and correctly grasp the coordination mechanism between the application of monitoring technology and the protection of privacy, and strengthen the research of legal regulation, and can provide a reference for decision-making departments and application departments.This paper argues that the coordination relations monitoring technology and the guarantee of human rights, should obtain from the following several aspects:First, clear legal monitoring body. Legal main body to have the right to legal sources, mainly for the legal authorization, and comply with the law of civil activity assignment of the contract. Administrative authorization, for example, the functions of the government management of social order and safeguard public security, therefore because of the need for role and government departments, be installed in public places, the use of video surveillance legal entity.Second, In the current law of privacy for approval. No rights, no relief, the law does not explicitly put forward the concept of privacy in our country, it is recommended that the privacy right verification for the judicial relief.Third, Improve relevant laws and regulations and establish the management as well as outside the litigation rights protection mechanism. Monitoring technology and the dangerous goods, weapons and ammunition is a double-edged sword of human society, at present, our country through the hazardous chemical materials safety management regulations, the public security organ for dangerous chemicals production, storage, use and management of the management. Accordingly, can follow the rules, the may be involved in the invasion of privacy monitoring technology is also legal regulation.
Keywords/Search Tags:Privacy protection, monitoring technology, the law regulation
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