英语论文网

档案公布中侵害隐私权的行为主要是指：未经档案隐私权主体的同意，非法获取、买卖、公布或利用其档案中的隐私内容，干扰权利人的正常生活秩序，损害权利人的合法权益，情节严重的行为。在档案开放利用过程中，侵权人既可能是国家档案馆、机关、企事业单位的档案管理者，又可能是社会上的档案利用公众。档案管理者或利用者由于过失或故意公开、披露、非法利用涉及公民隐私的档案内容，对受害人造成精神创伤或者物质损失的即构成侵害隐私权的行为。

Files released in violation of privacy acts mainly refer to: Privacy body without the consent of the file , the illegal acquisition, sale , publication or use of their privacy in the contents of the file , interfere with rights of people 's normal life order, impair the rights of the legitimate rights and interests , serious behavior . Open the file using the process, the infringer can be both the National Archives , organs , enterprises and institutions of the File Manager , they may be files on the use of public society . File manager or by the negligence or intentional use of open disclosure , illegal use of the contents of the file relating to civil privacy of victims or material damage caused by the trauma of the acts that constitute an infringement of privacy .

在档案开放的过程中，非法获取和买卖隐私档案的行为屡见不鲜，已成为档案工作中亟待解决的一大问题。一些商业机构在没有任何监管的前提下，调查窥探个人隐私，对于从档案中搜集到的孤立、零散的隐私内容进行相关性分析，经过系统整理或数据挖掘后，得到关于某个人的深层次、全方位、综合性的信息内容，从而有针对性地对其开展一系列促销活动。

In the process of opening the file , the file illegally obtaining and trading behavior of privacy uncommon in archival work has become a major problem to be solved . Some commercial organizations without any supervision of the premise , the survey pry personal privacy , for files collected from isolated , fragmented privacy content correlation analysis , after sorting or data mining system , got about a person 's deep-seated , comprehensive, integrated information content , which has targeted its launch a series of promotional activities. What is more, in privacy without the consent of the subject , it will be their personal privacy wanton publicity , sold for profit. For example: known as " the world's largest Chinese search people engine" Ucloo website in November 2005 before and after the introduction of a " people search " service. Just enter a name and a way to pay via SMS 1 yuan , it is possible to search the person's phone number, address , e-mail , personal experiences and other personal details . The incident sparked a public right of personal privacy was great panic of illegal commercial , but it also warns us that the introduction of relevant laws and policies have reached a critical point .

Recordkeeping agency staff in the use of the process of providing the file does not comply with the relevant regulations , ignoring the archives transfer , donate, register file unit and individual legal rights. In the absence of the consent of the subject consent of privacy , the unauthorized opening private letters, diaries , so that rights holders destruction of private space . Or due to the work of archivists omissions and oversight , failed to make the file decryption and authentication work , will also be closed in advance of opening a file , published should be controlled using the privacy files intentionally or unintentionally leaked citizen personal privacy, such as telephone number, mailing address .

Illegal use of file privacy , mainly refers to the scope of privacy file exceeds the legitimate use . "File Law" stipulates that the right to publish the files belonging to the authorized agency or file owner, who have no right to use its various forms to be announced. Privacy body wi