PDF(11811 KB)
Right Claims and Judicial Attitudes of Privacy in Information Society—— A Content Analysis of Privacy Infringement Judgments
Chinese Journal of Journalism & Communication ›› 2019, Vol. 41 ›› Issue (12) : 85-107.
PDF(11811 KB)
PDF(11811 KB)
Right Claims and Judicial Attitudes of Privacy in Information Society—— A Content Analysis of Privacy Infringement Judgments
This paper aims to study the privacy practices of the information society. Through a large-scale collection of civil case judgments of privacy infringement on PKUlaw, a total of 858 cases were obtained, and the contents analysis of these judgments were did. We assume the judgment is a three-way dialogue between the plaintiff, the defendant and the court. The dialogues between plaintiffs and defendants show people's rights claims, and the court's judgment reflects their privacy protection attitude. The study found that people's privacy awareness is advancing with the times and privacy anxiety also grows, but people's ability to claim privacy through tort law is limited: they are afraid of the ubiquitous camera surveillance, but they lack evidence to sue or win when other personal information exchange behaviors, the acquisition of trace information and the ubiquitous but invisible surveillance happen. The “visible harm” implemented by acquaintances is that people can only claim privacy through civil cases. The court's trial of privacy infringement civil cases shows a conservative trend of balancing various legal interests. In general, it still relies on the traditional privacy infringement awareness to protect the privacy rights that have obviously changed dramatically. Therefore, this paper proposes that the protection of the privacy right of the information society is too weak if only based on the civil law and tort liability law.
Right claim / Judicial attitudes / Judgements / Content analysis
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