Case Study on Disclosure of Personal Data:rom the Perspective of the Protection of the Right to Privacy
Date Issued
2008
Date
2008
Author(s)
Chien, Yu-Ting
Abstract
Abstracthis thesis addresses the issue of whether the disclosure of personal data violates the right to privacy. Legal approach has been adopted to explore the issue. It selects six judicial cases which reflect six major types of disclosure of personal data cases for the basis of the case study. Disclosure of personal data comes in varied forms and causes different kinds and degrees of privacy infringements. This thesis thus focuses its study on how the protection of privacy varies and what protections the law shall offer under varied circumstances.his thesis is divided into six chapters. Chapter 1 is the introduction which explains motivations and purposes and defines the issues of the study. In Chapter 2, six judicial cases are cited and analyzed to introduce the rulings of the court concerning disclosure of different types of personal data and frame the legal issues involved. Following that, Chapter 3 explains the fundamentals in those cases. It explains the definitions, types of infringement and the general development of the right to privacy, elaborates the concepts of personal data and the act of disclosure, and discusses the concept of reasonable expectation of privacy. Chapter 4 discusses further the legal concepts mentioned in the cases and their interactions with the constitutional law, civil law, criminal law and the Computer-Processed Personal Data Protection Act (CPPDPA). A critical review of the CPPDPA is also provided in this chapter. Based on the study of the previous two chapters, Chapter 5 analyzes the legal issues of the six cases and comments the rulings of the court. The thesis’s suggestion is offered at the end of this chapter.hapter 6 is the conclusion of this thesis. It concludes that disclosure of personal data may cause damage to the right to privacy. Due to the characteristic of personal data, individuals can hardly control the flow of information and predict the possible effects brought about by personal data revealed to others. This thesis, therefore, contends that there shall be legal restrictions on disclosure of personal data at the very moment when the act of disclosure is committed, i.e. providing preventive legal protection for privacy before damage is done.ociety runs on the basis of mutual trust between its members. For the development of society, it is necessary to ensure the flow of information. There is always a tension between the right to privacy and free flow of information. The right to privacy is not an absolute right. The law shall provide different extents of protection to right to privacy in different circumstances. This thesis proposes to strike an appropriate balance between social development and protection of privacy.eywords: privacy, disclosure, personal data, case study, reasonable expectation of privacy, public data.
Subjects
privacy
disclosure
personal data
case study
reasonable expectation of privacy
public data
SDGs
Type
thesis
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