| Summary: | 碩士 === 銘傳大學 === 法律學系碩士班 === 93 === The Theorem Basis of the Right of Privacy
Privacy is to protect individual integrity without invasion. Based on this, the study (research) claims that privacy is theoretically based on personality rights, which is commonly accepted by the Grand Justices Council, reporting that privacy is one of the personality rights.
On account of that the right appertaining to one’s personality is quite a broad concept, we would like to point out “private domain” is a good criterion to distinguish the right of privacy from the right appertaining to one’s personality. Privacy doesn’t equal to a personal secret; accordingly, so-called private information shall involve private domain in nature, and if such information disclosure is made without rightful reasons legally, it shall be banned to spread out though any media.
Comparative Laws
With regard to privacy-related legislation, the study (research) compares the ROC Computer Processing Personal Information Protection Act, Privacy Act of United States (1974), and the European Community Directive on Data Protection(1996), and which is the most comprehensive of all. The discussion in Chapter 3 builds on the EU Directive.
The Right to Refrain from Governmental Intervention
Governmental collecting and using personal information shall be regulated and governed pursuant to the laws.To regulate national rights and avoid the possibility of monitoring the public, including the ones with no crime suspicion, without any reason, there must be a law that regulates the acquisition and utilization of personal information by the government. The constructed privacy law includes the regulation of data acquisition by government on contents and procedures, as well as the utilization and administration regulations.
Any governmental conduct shall not constitute a complete image of a citizen, that is, the Government is obligated not to establish an integrated citizen database. Personal data can only be accessed in different purposes.
The Problems to the Information Publication and Personal Data Protection
Based on the system purpose, public interest balance and so on, it is necessary for the government to frame rules regulating disclosing personal data into the public domain. In principle, the Principle of Law Reservation, Principle of Purpose Limitation, and Principle of Proportion shall govern the aforesaid disclosure.
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