Civil Law Protection Of Privacy In Public Places

In the traditional content of the right of privacy does not include the protection of privacy interests in public places,so in a long period of time,the principle of "no privacy in public places" respected.With the development of privacy theory,the United States first to admit that the public has a right of privacy in their judicial practice,and put forward the "reasonable expectation of privacy" theory,the scope of the right of privacy protection extended to the field of public places.Compared with the right of privacy,the biggest feature of the right to privacy in public places is in public places.Because the public is open and sharing characteristics,the right of privacy in public places often associated with public interests and conflicts,but it can't deny the existence of the right of privacy,right of privacy only against the public interest is not protected by law.Even if it is necessary to restrict the public interest or the conflict of rights,it should also follow certain procedures,can not be arbitrarily violated.Our current protection of right of privacy in public places in the legislation is scattered,the specific content is unknown,and has not yet formed a legal system,and local legislative effect at a lower level,the application range is limited,leading to the practice of the court can not find a clear legal basis,still follow the old ideas in public places no privacy strictly,and is also very difficult to handle the cases of public power of citizens in public places of privacy infringement.It is necessary to draw from the experience of extraterritorial legislation,On the occasion of the legislation of Chinese civil code and the law of personality right,set the right to privacy in public places as a type of privacy in the civil code,which has an independent basis for the right to request,clearly defined the content and rules of privacy protection in public places;Establish the principle of legal reservation,the principle of proportionality,the principle of tolerance for minor damage to protect the right to privacy in public places on civil law;It is also necessary to define the standard of civil law protection of privacy in public places,and regulate the use of public power for the use of electronic monitoring and public security checks on citizens to prevent the use of the power of public authority to infringe on the rights of citizens in public places.