On the Limitation of Preventive Surveillance in the Constitution
Date Issued
2016
Date
2016
Author(s)
Chang, Chun-Kuei
Abstract
“Preventive Surveillance” is one of the outcomes in the Age of Informational. People benefits from the convenience led by the Age. The convenience has same effect on Government as well and brings the transformation in the nature of Government Act. By the abounding data and the advance of information technology, the value of data increases and the margin cost of data storage dwindles. Enterprises take the advantage and collect data for its own favors. It becomes tempting to Government to follow the behavior. Therefore, it forges a type of government surveillance that aims at collecting individual data but without explicit connection to the objective, Preventive Surveillance. The nature of Preventive Surveillance is far from the norm that serves the purpose for specific objective or an individual. Whether it generates different needs of people; whether it accords with the human right under Constitution; whether it requires law restriction; whether incumbent legislation fulfills the need above. According to the threads, this thesis aims at discovering the answers by discussing all these possible situations and literature reviews of the judicial practice of the Constitutional Court in Taiwan and the Federal Constitutional Court in Germany. This thesis proposes “Informational Personality Rights” as a substitution of complexed applicability under the system of Privacy and Information Sovereignty in Taiwan. Informational Personality Right leads to the Principle of Database Separation, Use Limitation Principle and the Openess Principle. All the principles become solid limitations of Preventive Surveillance in the Constitution. In terms of current legislation system in Taiwan, the thesis suggests incumbent legislation is not responding to the protection of Human Right under Constitution. Therefore, the prospect of Law Amending and respondent Law Legislation is highly proposed in the article.
Subjects
Information Age
Big Data
Preventive Surveillance
Informational Personality Rights
Use Limitation Principle
Type
thesis
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