| With the continuous development and progress of social civilization,the right of privacy has gradually entered the perspective of citizens.The right to privacy originated in the western countries,first sprouted in the field of civil law,and with the growing public power,the greater the degree of government intervention in the private life of citizens,citizens’ desire for freedom and dignity is becoming increasingly strong,so the right to privacy began to shift to the constitutional field.With the long baptism of the years and the changes of the social era,the right to privacy in meaning has also been greatly developed.As a basic right of constitution,constitutional privacy is mainly based on the theory of solitude,intimacy,information control and limited contact.Its ultimate value lies in the protection of human dignity and private autonomy.Throughout the developed countries with constitutional rule in the world,constitutional privacy has been incorporated into the Constitution in different forms,and has become one of the most important constitutional basic rights of citizens.However,with the advent of the era of big data,it again challenges citizens’ constitutional privacy.Citizens’ privacy is threatened not only by individuals,but also by giant companies and websites that use big data technology and computer technology to collect their personal information.But this is only part of the threat.In fact,the area most vulnerable to infringement of citizens’ privacy is the area of public power.At present,intelligent government is applied and popularized by the major developed countries in the world,and vigorously develop information technology and database.Although these technologies can serve citizens more conveniently,with the emergence of a series of cases of infringement of privacy by public power and the detection of a large number of difficult cases relying on information technology many years ago,people are worried about their privacy rights,and arouse people to how the government exercises the privacy of citizens’ personal information and how Reflections on safeguarding citizens’ right to privacy.As far as China is concerned,the right to privacy has not been incorporated into the Constitution,so the constitutional protection of the right to privacy itself is absent in theory.In addition,the arrival of the era of big data has brought great impact on citizens,and theconstitutional privacy of citizens is in urgent need of protection.Most of the developed countries with extraterritorial constitutional rule have entered the constitution,and the relevant legislation is relatively perfect.They also have flexible constitutional application,unconstitutional review,constitutional litigation mechanism,which provides an effective remedy mechanism for the protection of citizens’ privacy while preventing the abuse of public power.It has provided some experience for China’s right to privacy in constitution and protection.Therefore,this paper compares the foreign international human rights documents and the constitutional protection of the right to privacy in the constitutional developed countries,so as to draw on useful experience to put forward the suggestion of the right to privacy into the constitution. |
