The Historical Evolution Of The Judicial Protection Of The Right To Personal Information In The United States

The United States is a case law country and a pioneer in the protection of personal information rights.It has a long history of judicial protection of personal information rights.In the process of the protection of citizens' personal information rights,judges play a decisive role.The judicial protection of citizens' personal information rights in the United States stems from the common law protection of privacy rights.The spirit of liberalism and the concept of rights have had an important impact on the United States.The right to inviolable private life as claimed in the early theory of privacy is an indispensable condition for the pursuit of individual liberty and democracy,and also a content of individual liberty rights of citizens.At the end of the 19 th century and the beginning of the 20 th century,the judicial protection of the private life of citizens in the United States was mainly based on the theory of privacy.In 1890,Warren and Brandeis' s article "On Privacy" first appeared the concept of "right to privacy",pointing out that the protection of property rights and personal rights is an ancient principle of common law,and with the development of society Defining the scope of rights protection is the reason why the common law is vital.New technological inventions have led to violations of the private sphere,which seriously violates the personal dignity of citizens,and privacy rights contain content of personal dignity,so citizens' right to privacy should also be protected.This theory provides the basis for the subsequent application of the common law to the protection of citizens' privacy rights.In the early days,the protection of privacy rights was protected by the Tort Law.For a long period of time,only when the property interests involved in the privacy rights were violated,the judicial system would invoke the Tort Law to provide relief to citizens.The remedy provided by the law is mainly to compensate for economic losses.Therefore,this actually protects the tangible property rights of citizens,and the personal rights of citizens are still not fully protected.Until the "Paswich case" in Georgia in 1905,the Supreme Court's use of the common law in this case not only protected the ancient property rights,but also safeguarded the personal dignity of the parties,which marked the right to privacy as a common law right.After the second industrial revolution,with the development of society,the arrival of the electronic information age has brought enormous challenges to people's personal information security.In the 1960 s,when the "big bang of power" came,people began to demand the right to decide their own information without being unlawfully interfered.They believed that the right to determine their own information was the premise and proper meaning of freedom.However,at that time,the judicial community's protection of personal information rights was limited to the use of the tort law in the common law system.At that time,the constitutional amendments only protected private houses from infringement,and the privacy in non-physical space was ignored.The traditional right of privacy is obviously unable to meet the needs of citizens for rights.In order to adapt to the pace of social development and to realize the freedom of information of citizens,the United States has realized the transition from negative protection to positive protection for personal information rights.Therefore,the right to personal information It has become an important part of traditional privacy.In the United States,personal information rights mainly include two categories,namely,“personal information privacy rights” and “personal information self-determination rights”,and pay attention to citizens' control rights to their own information.Since women's rights have long been restricted to areas such as family marriage,such issues as marriage autonomy and fertility autonomy are undoubtedly very sensitive topics.Later,women's appeal to these rights movements became the basic right of citizens' personal rights to constitutional rights.Direct factor.The "1965 Griswold case" has a milestone.At that time,the court used the "vignetting theory" in the judicial trial to explain that although the constitution does not clearly stipulate the provisions protecting the right to personal information,the purpose of the constitution reflects the protection of the right to personal information,so the court believes that the right to personal information should be The basic rights of citizens are also the areas that the Constitution should protect.This interpretation increases the original connotation of the constitutional amendment and has since raised the right to personal information to the basic right at the constitutional level.The right to personal information is an open right,including the two aspects of the selfdetermination of personal information obtained by citizens in the "Roy case" and the privacy rights of personal information obtained in the "Warren case".The development of society continues to enrich and expand.The excessive protection of the rights of personal information creates conflicts between the disclosure of government information and the protection of citizens' personal information rights: first,the conflict between social public interests and personal interests,and second,the conflict between personal interests and personal interests.The United States began to play a role in the judicial support of the law to coordinate these conflicts and provide legal basis for judicial actions through legislation.In the "Report of the Press Committee of 1989",the court adopted the methods and techniques of taking into account the relationship between information disclosure and information protection: the method of measuring interests and solving the contradiction between information disclosure and information protection.The history of the protection of personal information rights is also a history of court development.Judicial activism has boosted the court's protection of civil rights and freedoms.From the stage of the judge's use of the common law for judicial protection,the Judge Robertson refused to protect the plaintiff's right to privacy.In the Paswich case,the judge established that the citizen's right to privacy was protected,and then the judge in the Grusswald case heard the case.The application of the Constitution to protect the rights of citizens makes the right to personal information the basic right of the citizens that the Constitution should protect.The judicial protection of citizens' personal information rights is ultimately achieved through this series of trial activities.In the process,judicial activism has gradually become an important philosophy in the judicial work of the court.Through judicial means,judges actively protect the rights of citizens,realize the benign interaction between the judiciary and society,and promote the realization of civil rights and freedoms.