On The Privacy Rights Of Those Released Prisoners Whose Criminal Record Information

Privacy rights, as a basic right of human being, was in a kind of passive situtation originally ,which means your privacy is unknown to many. As the development of society and ecnomics, especially after we step into the information ages, privacy rights has becoming more and more easily been violated.Therere are increasing demands for the protection of privacy rights.Many scholars, devoting their enery to enrich and improve the theory of privacy rights, maily concern how to protect the privacy rights. however,there is less concern of privacy rights of those released prisoners whose criminal record information is not under protection. After community reintegration,if the criminal record information been made known to the public in a improper way,it will make against correcting their errors and making a fresh start. Eventually it also do harm to the entire society.To my point of view, criminal record information as sensitive personal details should be under strict protection, but the reality is not the case. Both the discrimination against the released prisoners and the don't-care-attitude towards make the protection hard to achieve.In this connection, the author tried this to solve this problem, with a view to contribute to the theory and implementation.This paper from the following five parts to explain this problem. The first part, explaining the necessity of protection of the criminal record information from a personal and social developments aspects.The second part,the author mainly comb out the different ways of different countries using for the criminal record information protection by comparative method. In order to drawing on the experience of other countries the author compare The Privacy Act enacted by the U.S.A.; rehabilitation of offenders act, 1974 enacted by the U.N.K; EUDPD ;and the act of Germany used for the protection of criminal record information.The third part,the mainly issue existing in the current society, the author give a detail describtion of the situtation of the criminal record information in our society. At the same time expound and prove the necessity and right of criminal record information protection.The forth part from the analysis of general Infringement Liability elements to get the elements of criminal record informationn violation. The violation of the criminal record information, as a concrete manifestation of invasion of privacy rights,has the general form of privacy invasion also has its own characteristics in all civil liability, responsibility undertaking, and excusatio.The fifth part, the concrete ideas on how to protect the criminal record information. The author will solve this question from two angles ,one ,to be quite prfect the Law of Privacy Rights,making personal data protection clear in constitution and also putting Tort Law in a proper performance ; two, strengthen the personal information legislation,putting the criminal record information into personal data.