Personal Privacy Protection Under Electronic Monitoring In Public Places

With the developing of science and society,people have more ways to acquire and disseminate information about others in the information age.The contact among people becomes more and more frequent and the collisions between the public and private sectors are frequent increasingly.The traditional theory of privacy has been difficult to solve the infringements appearing in the electronic monitoring of public places,and it is also unable to meet the needs of the public’s right awareness that has become more mature.The concept of privacy under electronic surveillance in public places is generated.The "360 drop live" event is discussed by the whole people,this incident exposes the problems of electronic surveillance in public places in China,and reveals the urgency of the protection of electronic surveillance in public places through legislation and judicature.This article starts from the problems existing in civil law regulations and judicial practice,and studies the protection of privacy under the electronic monitoring of public places through the study of academic views and extraterritorial laws and regulations.The article is divided into the following four parts:The fist part,introduction includes four sections,main problems,the literature review,research methods and the structure of article.The second part,the analysis of electronic monitoring in public places from "360 live events" shows that there are two kinds of dilemma:One is that the legal definition of privacy rights in our country is not perfect,which leads to the constant production of infringement in public places,so it is necessary to perfect the legal definition of privacy right.Another is that judges don’t protect the privacy rights of electronic surveillance in public places actively.I discuss respectively this dilemma from two aspects of legislation and justice,learn from the advanced experience of the United States,the European Union,France and Germany,and suggest that the protection of privacy under electronic surveillance in public places should be clearly defined.The third part,the analysis of the conflict of rights under electronic surveillance in public places in China.First of all,I classify the forms of the rights conflict,then discuss the reasons of rights conflicts.Finally,by combing the forms and reasons of conflict,i find the principles to be followed.The fourth part proposes the protection of privacy rights under the electronic monitoring of public places in China.I discuss mainly how to protect the privacy rights of electronic surveillance in public places from the aspects of legislation and justice.The contents of the legislation include the legal definition of perfecting our country’s privacy right,the detailedcontent of the privacy rights,the establishment of a personal information protection law concerning the electronic monitoring of privacy in public places,and the establishment of relevant supporting systems for privacy protection under electronic surveillance in public places.The judiciary includes the discretion of the adjudicators and the Supreme Court’s introduction of judicial interpretations and guidance case.