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Civil Law Protection Of Personal Privacy In Public Places

Posted on:2019-05-21Degree:MasterType:Thesis
Country:ChinaCandidate:Z M ZhangFull Text:PDF
GTID:2416330542986519Subject:Law
Abstract/Summary:PDF Full Text Request
Nowadays,the society is in the era of rapid development of science and technology,especially the progress of electronic information technology.Nowadays,mobile phones have become necessities of People's Daily life,mobile phone function diversification,photos,video,recording function is comparable to professional equipment,can clear record dribs and drabs of life;Computer has entered innumberable families,the Internet changed the way people communicate,connect the world as a whole,since the development of the media and makes people around at any time to share news anecdotes,glossing,conveniently recorded audio-visual materials can be viewed on the Internet for the public;Even the video monitoring system used for security in the past is increasingly favored by businesses and individuals.Under such a social background,people enjoy the convenience brought by science and technology on the one hand,and on the other hand,they are faced with more problems: how to protect individual privacy in public places.It is a kind of space privacy to discuss the concept of privacy in public places in the context of public places.Its meaning is to point to in for public activities and public affairs,allowing others to freedom intervention without interference area,natural person to enjoy private life peace and private secret protected in accordance with the law,the private sector from unlawful infringement of the rights of others.Individual has the right to refuse the candid tripp,track following behavior of public places,have the right to stop the inappropriate use of the information on the video surveillance in public places and the news media reported the improper behavior,in order to maintain the privacy of their interests.Personal privacy in public places has the legitimacy of its existence: the type of public places is diverse and there is private space;The content of the right of privacy is hierarchical,and there is a deep privacy interest in public places.The development of electronic equipment and the popularization of network technology bring new challenges to privacy protection.The particularity of the place determines the particularity of the protection mode.Not only that,the United States and other western countries have already put forward thetheory of "reasonable expectation of privacy",which provides a theoretical basis for the protection of individual privacy in public places.Personal right of privacy in public places both against the passive rights violation by others,and including control using active rights of privacy,because of its environment,in public places are different from the traditional privacy protection range,in the process of protecting privacy in public places need more attention and balance of social and public interests.To this,should from the nature,the nature of the behavior to implement person places,citizens' personal information and disclose information on the degree of point to citizens whether four aspects in a public place for individuals enjoy "reasonable expectation and behavior to judge whether the infringement of personal right of privacy in public places.Analysis our country's present legal system can be found that personal privacy in public places and not as an independent explicitly stipulated in the law,the contents of that leads to the following questions need to discuss: one is how to define the concept of privacy in public places is personal privacy and reputation,image rights in public places,how to straighten out the relationship between the three is tort constitutive requirements how to provisions of the personal privacy in public places.Considering the above contents,it can be concluded that the privacy of public places should be limited compared with traditional privacy,and the protection subject should be treated differently.The connotation and extension of the right of reputation,portrait right and public place should be defined and the relationship between them should be rationalized.It clearly stipulates the tort of personal privacy right in public places.The above mentioned points can help to further study the privacy of public places.
Keywords/Search Tags:Public Places, Privacy, Reasonable to Expect, The Judgment Standard
PDF Full Text Request
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