A Study on the Constitutional Issues of Setting Up Closed Circuit Television

碩士 === 國立臺北大學 === 法律學系一般生組 === 97 === With the significant development of social economy and technology, felonies occur frequently. Because of the demands to maintain public order and the cost for the Closed Circuit Television (CCTV) becomes lower and lower, these reasons makes the CCTV become more...

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Bibliographic Details
Main Authors: Yu-Luen Ko, 柯玉倫
Other Authors: Zhong-Mu Cheng
Format: Others
Language:zh-TW
Published: 2009
Online Access:http://ndltd.ncl.edu.tw/handle/50558544186901265465
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Summary:碩士 === 國立臺北大學 === 法律學系一般生組 === 97 === With the significant development of social economy and technology, felonies occur frequently. Because of the demands to maintain public order and the cost for the Closed Circuit Television (CCTV) becomes lower and lower, these reasons makes the CCTV become more popular. Pursuant to the regulation of the type for the personal data in Computer-processed Data Protection Act, CCTV's data is one type of personal data. Our country regulates the setting up and usage of CCTV mainly in Police Duties Enforcement Act, Computer-processed Data Protection Act, also in the Temporarily CCTV/Vediotape Equipment and Set-up Regulations which have been enacted by local governments. However, this essay examined Police Duties Enforcement Act and found it lacks regulation for the administrative and private usage of CCTV, it doesn't distinguish between the publicly or secretly set up CCTV, it doesn't specify the regulations based on different types of crimes, it doesn't regulate the expiration term of the image and it has no inform obligations. Because the data from CCTV belong to the "personal data," as specified in Computer-processed Data Protection Act, the regulations mentioned above are not adequate for the needs to protect the "personal data." For this reason, with Literature analysis and Comparative Law research ,This essay recommends that (1) we should set up general regulation in Computer-processed Data Protection Act or specially regulation elsewhere and found an independent institution which will be responsible for supervising personal data set up and usage;(2)we should compensate for the damages by setting up CCTV to the personal right to informational self-determination, the right to privacy, informational privacy and right to personal freedom of movement;(3)we should bolster the legality and legitimacy of setting up CCTV. So we could protect the right of personal informational privacy and safeguard social security.