On The Limitation Of School Public Interest To Students’ Privacy Interests

How public interest should limit privacy interests has always been the focus of research in the theory of privacy protection.The difficulty of its research lies in the fact that both public interest and privacy interests are legal concepts with uncertainties,and their boundaries and scopes have different understandings in different legal cultures.Although China’s "General Principles of Civil Law" has defined privacy rights as an independent civil right,the scope of protection and protection of privacy rights are still in a state of lack of clear laws.Therefore,the study on the scope and methods of privacy protection appears to be Especially necessary.By studying the privacy interests of the public interest,it helps to clarify the boundaries between public interest and privacy interests,thus providing theoretical support for the definition of privacy rights.In order to avoid staying in the abstract theoretical deduction,this paper decided to select a specific category in which the school restricted the privacy interests of students on the grounds of public interest,and tried to show the public interest restriction privacy benefits in practice through case analysis.The specific form,and then summarize and generalize its general theory.This article takes the school public interest as a core proposition on how to restrict students’ privacy interests,and then discusses it from three parts:The first part sorts out the typical judicial practice in the current school field,and summarizes the public interest summary of the school’s use of restricting students’privacy interests into two types:the school’s own informed interests and the other’s informed interests.The second part concentrates on summarizing and summarizing the general theory of public interest restriction privacy interests,and then extracts the consensus in the theory to solve the problem of this paper.In this part of the paper,the definition theory of public interest is first studied.The definition of public interest has a cornerstone position in the field of public law research,and its uncertainty is mainly reflected in the uncertainty of interest content and the uncertainty of audience objects.For the definition of public interest,we need to start from these two aspects.After completing the analysis of the definition of public interest,we will further explore the limitation of public interest on personal interests.The public interest can limit personal interests.which is no doubt in today’s theoretical circles and judicial practice.However,why it can limit personal interests still has important research value.This paper argues that the legitimacy of public interest to limit personal interests is that their restrictions on personal interests will ultimately benefit personal interests,so the public interest should be allowed to limit personal interests within reasonable limits.But what kind of limits are reasonable and what kind of restrictions are justified?First,we need to measure the use in the case,and then use the principle of due process to protect.Finally,the most important areas of this section will be explored,namely how the public interest limits privacy interests.After examining the existing theories,the most mature theory of restricting private interests on the grounds of public interest at this stage is mainly reflected in the public’s restriction on the privacy interests of public figures on the grounds of public interest and restrictions on the privacy interests of citizens.The former mainly reflects the interest balance between the public’s informed interests and the privacy interests of public figures,while the latter mainly uses the due process to control the exercise of public powers’ powers to prevent them from improperly damaging citizens’ reasonable privacy expectations.Through the discussion of these two specific privacy interests,we can find that the principle of benefit measurement and due process has an important position and role in the field of public interest restrictions on privacy interests.The third part is directly oriented to the problem of this paper.Firstly,the public interest definition theory is used to identify the public interest types in the school field.Through the summarization of theory and practice,this paper believes that the public interest in the school field entity in essence is mainly reflected in the education development and teaching.Four aspects of order,life order and public safety.After completing the definition of the public interest in the school field,the next key issue is how to limit the privacy interests of students in the public interest of the field.The main methods used in this paper are still the measurement of benefits and due process.In the process of measuring the benefits,through the reference and reference to the practice of Germany and the United States,this paper believes that schools should establish corresponding benefits while limiting the privacy interests of students.Identify mechanisms to prevent excessive public interest in the student’s privacy interests.In the application of due process,it mainly combines the relevant education law practice in the United States to explore the necessary factors that should be considered when restricting the privacy interests of students in our school at this stage.One of the most important points is that the school should pay attention to the use of the "reasonable suspicion" standard when planning to implement restrictions on student privacy.In summary,this paper argues that when schools restrict the privacy interests of students on the grounds of public interest,they should first fully weigh the relevant interests,and secondly,strictly follow the due process in the implementation process.The theory also has useful reference value for the public interest restriction privacy interest in general.