I. Meaning and historical evolution of privacy ... 1

Second, the protection of privacy in China ......................................................................... 3

Three. Ways to protect privacy in China ... 5

Four. Problems and perfection of privacy protection system in China 8 pages

Abstract: With the progress of society and the enhancement of people's legal consciousness, the concept of self-privacy protection is gradually recognized by the society. The degree of protection of citizens' privacy marks the degree of legal system and civilization of a society. All countries in the world have relevant legislation to protect citizens' privacy. However, China's legislation on privacy protection is obviously insufficient. Compared with other countries, there are some defects in the protection of privacy in China, which need to be further improved. China's current laws lack the strength to protect citizens' privacy, and there are no clear laws and regulations to protect privacy. The problem is indirect protection, not direct protection, which often puts the victims in an embarrassing position. Therefore, directly protecting citizens' right to privacy through legal means has become a problem that can not be ignored in theory and practice.

Keywords: legislative protection of the formation characteristics of citizens' right to privacy

Privacy, also known as private life secret or private life secret, refers to the stability of private life, freedom from illegal interference by others, confidentiality of information, and freedom from illegal collection, spying and disclosure by others. Privacy refers to a kind of personality right that citizens enjoy the peace of private life and private information is not illegally invaded, known, collected, used and disclosed by them. It is an important civil right for citizens to enjoy personal information, live a quiet life and decide on private affairs, including the right to keep personal information confidential, the right to be undisturbed in personal life and the right to decide on private affairs. As a citizen's personality right, the right to privacy is absolute in nature, and its core content is to control one's privacy according to one's own will, and no one else has the obligation to infringe upon it. At present, China's laws on the protection of personality rights are relatively perfect, but there is still no clear system of value orientation. In particular, there is no explicit provision to protect the right to privacy. The purpose of this paper is to elaborate personal views by analyzing the legal protection of citizens' personal privacy.

I. The meaning and historical evolution of the right to privacy

(A) the meaning of the right to privacy

The right to privacy refers to a personality right that a natural person enjoys the peace of private life and private information is not illegally interfered, known, collected, used and made public by others.

Privacy is a specific personality right, and its basic contents include the following aspects:

(1) The right to conceal privacy. Also known as the right of confidentiality, it first includes the right of citizens to keep secret parts of their bodies, which is a basic right of privacy. From the above characteristics of the right to privacy, we can see that the right to privacy is a personality right that has nothing to do with the public interest, so the right subject has the right to conceal, which is the need to safeguard his own personality interests. The most typical example is that both men and women in marriage have the right to conceal each other's previous marriage history and sexual history. In real life, as an honest party, it is often not understood by the other party, which leads to the breakdown of marriage. This right of privacy refers to the right not to tell anyone about your privacy.

(2) the right to privacy. Citizens not only have the right to passively conceal their privacy, but also have the right to use it. This right of use refers to the right of citizens to actively use their personal information to meet their spiritual and material needs, which can be used by themselves or by others.

(3) Maintenance right. It means that the right subject has the right to maintain the inviolability of his privacy.

The right to seek judicial protection when illegally violated.

(4) Private control. It means that citizens have the right to control their privacy according to their own wishes.

Historical evolution of privacy right

The concept and theory of privacy originated in America. In the process of modern rule of law, there is no concept of privacy. As representatives of civil codes in civil law system, French Civil Code and German Civil Code have no concept of privacy, so there is no theory of privacy. 1980, American jurist Louis? 6? 1 Brandis and Samol? 6? 1 Warren published a famous paper Privacy in Harvard Law Review, and mentioned that "the principle of protecting personal works and other products of wisdom and emotion is privacy." The concept of privacy mentioned in English at that time was this sentence: "It is a right not to disturb me, a right to be alone, and a right not to be disturbed by others." The article particularly emphasizes that the above rights are an important part of the rights granted to the people by the Constitution, and only those who have reached a certain level of civilized education will realize its value and cherish it. Since then, this theory of privacy has been widely recognized.

Scholars have attributed the right to privacy in many ways. (1) American scholar William? 6? 1 hall believes in the press law that the right to privacy can be defined as the natural right of everyone to ask not to disclose personal affairs without his consent, or not to disclose personal affairs without permission. (2) British scholars believe that the right to privacy is the right enjoyed by citizens not to be invaded and illegally disclosed by others. The forms of invasion of privacy can be summarized into three types: invasion, occupation and disclosure of private affairs. (3) Japanese scholar Maeda Yuji believes that the right to privacy is the right to protect personal privacy and control the circulation of personal information. Everyone has a part of his private life that he doesn't want others to know. If these are seen or published, let many people know that they will feel ashamed and unhappy. (4) Taiwan Province scholar Lv Guang said: "Privacy is the protection of personal privacy, so that everyone can live in peace without interference. Without my consent, I shall not publish or discuss private affairs with military attaché s, and their personal names, photos, portraits, etc. It shall not be used or published without my prior consent, especially for commercial purposes. " (5) The representative views of mainland scholars in China are as follows: Tong Rou thinks: "Privacy refers to a personality right that prohibits citizens from interfering with their personal privacy and personal freedom." Wang Liming believes that "the right to privacy is a kind of personality right enjoyed by natural persons, which is used to control their personal information, private activities and private fields that have nothing to do with public interests [1]." Yang Lixin believes that "the right to privacy is the right of natural persons and social organizations to control and protect their secret information." Zhang Xinbao believes that "the right to privacy refers to the private.

Peace of life is not interfered by others illegally, and private information is kept secret to control secrets that others don't know or don't want to know, such as private activities and personal information, and the right of others to interfere is prohibited, but it is not limited to endangering public interests, including dynamic and static privacy rights [2]. "

There is no clear legal provision to protect privacy in China, but it is stipulated in 1988 Opinions on Implementing the General Principles of Civil Law and 1993 Answers on Several Issues in the Trial of Reputation Rights Cases that if the privacy of others is made public and the reputation of others is damaged, it shall be deemed as infringement of their reputation rights. The right to privacy was first found in statute law, but the problem is indirect protection, not direct protection. 200 1 the Supreme People's Court promulgated the Interpretation on Several Issues Concerning the Determination of Compensation Liability for Tort Mental Damage. Although the right to privacy is not regarded as an independent personality right, and its interests are protected by the judiciary, this interpretation implies an infringement on the right to privacy, which is still a progress in legislation and legal research. However, the legislation of privacy protection is obviously insufficient, which shows that compared with other countries, China has certain defects in privacy protection and needs to be further improved.

Second, the current situation of privacy protection in China

Infringement of citizens' right to privacy is common in China. Unfortunately, privacy has no place in the legal jungle of our country. So far, the right to privacy has not been clearly recognized as an independent legal right in legislation. The vague provisions on the protection of privacy are scattered in several laws, and even the General Principles of Civil Law has no trace of privacy, which is a great regret of our civil legislation. Due to the absence of legislation, the protection of infringement is often unfounded in law, which makes the judicial relief of citizens' right to privacy quite embarrassing and passive. The judicial department of the Supreme Court resolutely protects the right to privacy within the scope of reputation. Lawsuits suspected of infringing privacy can usually only be filed for trial on the grounds of infringing the right of reputation, portrait and name. This kind of judicial organ is incredible.

At present, there is no special law to protect personal data from disclosure and abuse in China, and the legislation is far from complete, and the judicial experience is lacking, and the theoretical research is relatively backward. Therefore, it can be said that protecting citizens' personal information security is an urgent requirement of social development for legislative work. It is understandable that personal data is used by merchants, because merchants need to use user data to obtain greater commercial profits, and consumers also need to obtain more and more thoughtful commercial services. The current problem is that when collecting personal data, most commercial companies do not explicitly tell users how to manage and use these personal data, and use user data for commercial purposes without the user's knowledge. In particular, some units or individuals take advantage of the particularity of their work to take personal information provided by residents as commercial information, provide funds to some commercial companies, and even buy and sell user information. For example, the materials and information of pregnant women's physical examination, childbirth, nurseries, kindergartens and primary schools are sold to relevant commercial companies, which are engaged in commodity sales and other activities. In the case that users don't need related business services, such sales interfere with people's normal life and bring endless troubles to people. Especially in recent years, a large number of cases of infringement of patients' privacy in hospitals are really shocking, so hospitals are also called "the place with the least privacy". It is reported that a woman in Shihezi city, Xinjiang did not ask her permission in advance when she was doing gynecological examination in the hospital. The hospital actually regarded her as a "living specimen" for teaching, and let more than a dozen interns observe all parts of her body around her. Respecting and keeping patients' personal medical privacy is not only the professional moral obligation of hospitals and doctors, but also the legal obligation of hospitals and doctors. China's "Lawyers Law" clearly stipulates that lawyers should not disclose the privacy of clients, but the current "Medical Practitioners Law" has no provisions on the protection of medical privacy, and the legislative defects are mainly caused by backward concepts.