On Legal Protection of the Right to Privacy
Huang Xiao-don
Abstract
Huang Xiao-don
Abstract
The right of privacy is the one appearing relatively late in the right system of personality, such as life and health right, right of the name, portrait right, reputation right,etc..Our country has not established the law for the right of privacy as an independent, main personality right. It is neither complete,nor therough maintain the right of privacy of good public custom through protecting the right of the reputation and unsatisfied judicul explauation.Learning the relevant legislative experience of the main country we should use two fundamental laws and principles for reference,confirm in the constitution, the people's code that the right of privacy is an independent personality right of the citizen's,form the core of regarding constitution as to the protection of citizen's right of privacy, regard codes of the people as the focal point,regard other laws and regulations, such as criminal law, administrative law,etc. as supplementary direct protenction. This text points out the basic conception of personal secrets and right of privacy on the basis of analysing the relevant legislative experience of the foreign right of privacy.Combining our country's current legislation,it also points out that the defect of the legal protection of right of privacy of our country and legal protection and proposes perfecting the right and privacy of our country are proposed.
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The right of privacy is the one appearing relatively late in the right system of personality, such as life and health right, right of the name, portrait right, reputation right,etc..Our country has not established the law for the right of privacy as an independent, main personality right. It is neither complete,nor therough maintain the right of privacy of good public custom through protecting the right of the reputation and unsatisfied judicul explauation.Learning the relevant legislative experience of the main country we should use two fundamental laws and principles for reference,confirm in the constitution, the people's code that the right of privacy is an independent personality right of the citizen's,form the core of regarding constitution as to the protection of citizen's right of privacy, regard codes of the people as the focal point,regard other laws and regulations, such as criminal law, administrative law,etc. as supplementary direct protenction. This text points out the basic conception of personal secrets and right of privacy on the basis of analysing the relevant legislative experience of the foreign right of privacy.Combining our country's current legislation,it also points out that the defect of the legal protection of right of privacy of our country and legal protection and proposes perfecting the right and privacy of our country are proposed.
Key concepts: The Right to Privacy, Right to privacy, Data Protection Act 1998, Legislation, Constitution, Information privacy, Legislature, Privacy law