Research On The Legal Protection Of Personal Privacy In Public Places

The traditional theory limits the right of privacy to family and individual residence,but with the progress of technology,the traditional passive concept of privacy has become overstretched.Although The Tort Law of the People's Republic of China and The General Rules of the Civil Law of the People's Republic of China protect the right of privacy as an independent civil right,the scope and content of the right of privacy are not specifically divided.In public places,the public peeps,photographs and tracks other people out of the mentality of stealing;There is still plenty of uncensored images of other people's private lives,uncensored by the news media for headlines.At the same time,in the video monitoring and security inspection in public places,improper operation procedures,disclosure of access to information and other situations often occur.Privacy of citizens in public places has been seriously disturbed,and their personal dignity and freedom have been infringed upon.Trapped by the rule of no privacy in public places,the privacy rights of victims cannot be fully protected.Therefore,it is urgent to strengthen the theoretical analysis of the right of privacy in public places and improve the legal provisions on the right of privacy in public places.Firstly,it is an overview of the right of personal privacy in public places.The concept and development of traditional privacy right are analyzed,and the new connotation of privacy right is put forward.It defines the concept of public places and analyzes the classification of public places.The particularity of personal privacy right in public places is expounded.In addition,in the context of the temporary society,it talks over the emergency of personal privacy in public places.Secondly,it mainly discusses the legal basis of privacy protection in public places.From the nature of the right to privacy,the expansion of the field of privacy,this paper demonstrates that there is also the right to personal privacy in public places.On this basis,this paper discusses the constitutive elements,the principle of imputation and three types of torts of personal privacy in public places.Thirdly,it mainly studies the current situation and predicament in the legislation and judicature of personal privacy right in public places.The lagging legislation of the right to personal privacy in public places and the inconsistency of adjudication standards of similar cases in judicature highlight the ambiguity of the legal status of the right to personal privacy in public places and the imperfection of tort liability rules.Finally,it discusses the improvement of the legal protection of personal privacy in public places in our country.The author proposes to construct the legal protection of personal privacy in public places from four aspects: the game between personal privacy in public places and specific interests,the improvement of the rules of personal privacy responsibility in public places,the standardization of the publicity and reporting behavior of news media,and the strengthening of the system supervision of video monitoring and security inspection in public places.