| Summary: | 碩士 === 國立臺灣大學 === 科際整合法律學研究所 === 100 === The purpose of this thesis is mainly related to the issue of "personal data protection", including finding out the meaning of why on earth protecting personal information.Besides,is that a suitable thing to use criminal laws to punish those people who illegally used personal data? That''s the point this essay want to investigate about.
As a result of the technology getting advanced, the discuss of personal data protection is more and more important now. The progress of technology is not only
bringing the benefits to the whole society, but also becoming the threats to the personality rights.
The rights behind the personal data is never been discussed before. Therefore it''s a new kind of personality right. In different countries, there are different names of this new type of personality right. In the United States, it''s called" information privacy". In Germany, it''s called " informationelle selbstbestimmung"(right of information self-determination). In Taiwan, the legal explanation She Tze Number 603 of the Judicial Yuan has declared that the mandatory finger printing regulation of Section 8 of the Household Act is unconstitutional, because of the "information privacy ".
Indeed, it is necessary to protect such rights due to the growing cyber society. However, sometimes there is no need to use criminal law to punish those people who offend other people''s information privacy. If the civil law is enough to deal with those situation, the criminal penalties will become some kind of "evil law". After the analysis of this essay," the Personal Information Protection Act " at year 2010 does have this question, and it needs urgently the modification by legislators.
Last but not least, if it is inappropriate to use "the right of information self-determination" to be the legal interests of criminal punishment, we can consider about the possibility of paradigm shifting: switching from personal legal interests to social legal interests. Using criminal punishments to keep people''s trust to information security. In that case, it can more fit the interests of whole society really need under information ages.
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