Research On The Conflict And Coordination Of The Right To Privacy, The Right To Know And Freedom Of The Press

Primary prerequisite of the right to privacy is to definepersonal secrets, because different concepts of personalsecrets have determined the difference of concepts of theright of privacy. In my opinion, the personal secrets are theprivate information. The right to privacy is a kind ofpersonality right that is arranged independently by oneselfthat have nothing to do with public private information. As akind of independent personality right, there are certainrestrictions on the subject, the range and the performance ofthe right of privacy. Its powers and functions have dualnatures, positive and passive, and its content shows thecontrol on private information, particularly, the subject of theright to privacy have the right to protect, use, disclose andmaintain their private message. The citizen has the right to know the information thatshould be known, and the country should ensure its citizensto enjoy the right of obtaining information in the biggest range,especially the right about national government affairsinformation, which is a right to know. Freedom of the press isstipulated in the Constitution. Freedom of the press and rightto know can not be separated completely: The existence ofthe right to know is the foundation of the freedom of the press, 54and the freedom of the press offers the realization of therights to know. The reasons of the right to privacy conflicts with the rightto know and the freedom of the press is not single. Firstly,because of the difference of the pluralism of the socialeconomic condition, social condition, persons of differenteconomic status have different views and understandingtoward the epitaxies of the right to privacy, right to know andfreedom of the press. Even to the same person, theunderstanding and request of the right of interest will changewith the development of the social condition; Secondly,individual information space is not self-sustaining, It is difficultto distinguish, the private information from the publicinformation. The news media utilizes this part of information,and if the individual also has the right to protect thisinformation space, the conflicts of these two right appear;thirdly, the universality of the conflict between the rights, andthe essential antagonism of the right to privacy, right to knowand freedom of the press, have caused the conflict directly. In reality, the conflict between the right to privacy andright to know is reflected through the conflict betweenfreedom of the press, and the right to privacy in other words,well coordinating of right to privacy and freedom of the presscan lead to coordinating the right to privacy, the right to know 55and the freedom of the press. As a basic principle andfreedom, there is independent value for the independentexisting of the freedom of the press and right to privacy. It isvery difficult to distinguish whose status in superior. Weshould see that, as to the passivism of the right to privacy,freedom of the press have positivism, and at the same time,we should see the personal secrets obligee seems powerlesscompared to the strength of the news media. Therefore, Ihave proposed a series of principles to coordinate the right toprivacy and freedom of the press. Firstly, the basic principle of the rightcoordination--Equally Protection of Right principle. Equally Protection of Right does, not mean the equalprotection between the subjects, but refers to the equalprotection between the right types. Undeniably, freedom ofthe press have its political characteristic, but it is also anindividual right, because all rights are all "private" from theaspect it of their exercising, either individually or by the groupor by the country. In a concrete right conflict, subject of right isalso concrete. If we give a certain social right superiority toanother kind of right, it m...