Summary: | 碩士 === 國立臺北大學 === 法學系 === 95 === The human body is like a mysterious treasures, the researchers interested in biological especially the strongly want to gain the achievements, but because of the human studies have yielded breakthrough in the development, through the development of human research in a commercial application. However the larger interests of individuals must bear the greater the risk. Especially human tissues own shoulders information is not individual variation, When the contact information of human tissues were not subject to norms, the leakage of personal information of human tissues risk also increased.
Criminal leak business secrets in the country discussed and the literature, there are also more concentrated in some of the new amendments. Therefore human tissue scientific study was to study and ethnicity. that the individual must have the information before they could be analyzed and studied in natural personal data occurs, the leakage of personal data is possible, But in our part of the ordinary criminal law, due to leakage of business secrets is to know others have limited occupations, including physicians, pharmacists, and drug dealers, midwives, psychologists, were teachers, lawyers, advocates, notaries, accountants or business Zuoli, or has been this level people, which this article is limited to a specific person leaking its business secret to any criminal liability. But when dealing with human tissues and the leakage of business secrets, Should the above professions of the same or different approach, this is the topic to be discussed. This paper wants to researchers is to analyze both similar to and different, whether it should proceed with the disposal of human tissue due to leakage of business secrets to know others to be part of the sentence.
First, the papers will prejudice secrets secret chapter divided into the concept of the right to privacy under the secret, and the protection of business secrets law benefits that such a distinction is based on the Law on the Protection of different interests. Then through secret is important is for the causes of their personal fears and the extent of the leakage of the difference in viewpoint, Personal information available for special vocational technical disabilities, it has confidentiality obligations.
Secondly, the thesis that human tissues information on the importance of human tissues should be handled special vocational technical disabilities, is also included in the Criminal Code protection norms, Leakage is increasing due to business secrets become known to others Crime actors, However, if taking into account the human and organizational information on the criminal nature of the secret still a gap, or another special law is to be regulated better approach.
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