英语论文网

Files and contact people's lives more and more closely . However , there is concern that, in a large number of files open or published , a considerable part of the contents of the file related to personal privacy. That is, since the file open in the associated protective measures are not in place , making the citizens' personal privacy unreservedly exposed to the public before , faced with being illegally released at any time , the use of hazard. This had a sobering , but also encourages us to consider , in the open files at the same time to provide profile information , how to protect the privacy of the file , maintaining citizens' privacy will not be violated ? How to correctly handle the file was posted privacy and protection of the relationship between citizens , so that the harmonization of openness and protection ? To solve these problems, we must first sort out and define the related concepts .

隐私权最早是由美国两位著名法学家沃纶和布兰戴斯在1890年哈佛法学评论第四期上发表隐私权法时提出的。此后，隐私权才逐渐被各国立法所接受。

Privacy was first used by the United States two eminent jurists fertile Lun and Brandeis in 1890 , " Harvard Law Review" published on the fourth " Privacy Act " is proposed . Thereafter , privacy was gradually accepted by national legislation . Eighties of last century , China introduced the "Privacy" , academia began its study and protection , and as people increasingly strong awareness and protection against " privacy" getting to know , privacy has become not re unfamiliar.

隐私权是指自然人享有的对自己的私生活的安宁与私人信息依法受到保护，不受他入侵扰、知悉、使用、披露和公开的权利。隐私权是一种人格权，其客体是隐私，主体是自然人，法人或组织不能作为隐私权人。

Privacy is a natural person for his private life enjoyed the tranquility and private information protected by law , without him into harassment, aware , use, disclosure and public rights . Privacy is a right of personality , and its object is the privacy , the subject is a natural person, legal person or an organization can not serve as privacy .

Protect citizens' privacy, is to maintain the authenticity of the file and the protection of individual rights to reasonable requests . File behavior privacy main contents are:
① the right to privacy , that file personal information will not be aware of the rights of others illegally . Subject of rights has nothing to do with the public 's personal information and data , the right holder the right not to divulge .
② privacy knows the right people the right to privacy is a unit of archival institutions to know about the file is in the custody record their personal information. The right to personal privacy aware of the file unless the information requested is not lawful outside its open , file management authority can not refuse personal inspection requests.
③ the right to maintain privacy , the subject of rights is the right to prohibit the unlawful aware , collection and dissemination of the files related to personal privacy , in order to maintain their dignity and privacy of tranquility , and unlawfully infringed upon the right to seek legal remedies . When their privacy is being violated when the right people the right to seek judicial protection , can request the infringer shall bear civil liability, but also to the people's court , requesting legal protection .
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