User:Jojo11234/Privacy (Taiwan)
Privacy
[edit]Privacy is a person's privilege to not being offended or violated illegally on any aspect of his interest related to personality. A person's own business that is not legally related to the public should not be exposed as well. In addition, any personal activities or businesses should not cause mental pain to other people or make them embarrassed. It is a human's basic rights in life which is supported by many different laws. Because of its existence, some activities organized by either the government or any single person are limited to some degree.
Privacy is a person or a group's privilege to isolate himself or any information related to him. In the business world, people may willingly offer their detailed personal information, including advertisement information, in order to achieve certain benefits. Public figure might be limited to public laws.
International Law
[edit]The Universal Declaration of Human Rights
[edit]privacy is clearly defined in Article thirty two of The Universal Declaration of Human Rights as:
"any person's personal life, family, address, and communication should not be intervened. His honor and reputation should not be attacked. Everyone possesses the the right to be protected by laws and be prevented from this kinda of intervention or attack."
International Covenant on Civil and Political Rights
[edit]privacy is defined in Article seventeen in International Covenant on Civil and Political Rights as:
" 1. Any person's personal life, family, address and communication should not be illegally intervened and his honor and credit should not be illegally damaged 2. Any person has the right to be protected by laws against these kinds of interventions and damages"
The right to privacy in the digital age
[edit]Members of the United Nations has passed the protocol The right to privacy in the digital age on December 18, 2013:
- The resolution not only notices that the development of technologies has enabled people to have new methods of communication, but also points out the fact that it also strengthens countries, governments, and people's ability to monitor others.
- The resolution demonstrates deep concern towards the negative influences of surveillance and Interception. It also emphasizes that any illegal communication monitor/Data collection will violate democratic society's privacy and freedom of speech.
- The resolution also thinks that humans share same human right no matter he is online or offline.
- The resolution urges countries to set up or maintain supervision mechanism within countries to make sure that countries are crystal clear in areas like surveillance, interception and personal data collection.
The Definition Of Privacy
[edit]In 1960, professor William L. Prossor has listed 4 types of violation in the article privacy: Normally speaking, actions that violate privacy include:
- Intervention of the victim's secluded residence or secret
- Publicly disclose things that embarrass the victim
- Publish materials to give the public a wrong impression of the victim
- Misuse of the victim's name and portrait without being informed of his own interests
Press
[edit]Most people, especially those concerned by the media, believe that their personal lives are reported by the media as an infringement of their right to privacy. However, journalists believe that the public has the right to know the personal information of public figures. This distinction is embedded in most judicial practices.
Current status of privacy laws in various regions
[edit]People's Republic of China:
[edit]The National Security Law and the Cybersecurity Law promulgated in 2015 give public security and security departments great powers to collect all kinds of information, forcing individuals to use network services to submit private information for monitoring, and forcing network operators to store user data Within China, unrestricted "technical support" from the security department must be provided. Other laws and regulations related to privacy are as follows:
Constitution of People's Republic of China:
[edit]" Article 38 The personal dignity of citizens of the People's Republic of China shall not be violated. It is forbidden to use any method to insult, slander, and falsely accuse citizens.
Article 39 The residences of the People's Republic of China should be inviolable. It is prohibited to illegally search or trespass into citizens’ houses.
Article 40 The freedom and confidentiality of communications of citizens of the People’s Republic of China are protected by law. Except for the needs of national security or the pursuit of criminal offenses, the public security organs or procuratorial organs shall inspect communications in accordance with the procedures prescribed by law, no organization or individual may infringe on citizens’ freedom of communication and confidentiality for any reason.
Civil Code of the People's Republic of China:
[edit]"Article 1032 Natural persons enjoy the right to privacy. No organization or individual may infringe the privacy rights of others by spying, harassing, divulging, disclosing, etc."
About the privacy of the deceased:
[edit]" The Supreme People's Court's "Interpretation on Several Issues Concerning the Determination of Liability for Compensation for Mental Damage in Civil Torts" was adopted at the 116th meeting of the Judicial Committee of the Supreme People's Court on February 26, 2001. Article 3 After the death of a natural person, if a close relative of a natural person suffers mental pain due to the following infringements, and the people’s court sues for compensation for mental damage, the people’s court shall accept the case: (2) Illegal disclosure or use of the privacy of the deceased, or infringement of the privacy of the deceased in other ways that violate social public interests or social ethics. "
Law of the People's Republic of China on the Protection of Minors：
[edit]“Article 39 No organization or individual may disclose the personal privacy of minors. No organization or individual may conceal or destroy letters, diaries, and e-mails of minors, except for the need to investigate crimes. Public security organs or people’s procuratorates shall conduct inspections in accordance with the law, or letters, diaries, and e-mails of minors who are incapacitated. Diaries and e-mails shall be opened and read by their parents or other guardians, and no organization or individual shall open or read them.“