论隐私权限制的利益平衡原则

On Interest Balancing Principle of the Restriction on Privacy Right

法律对隐私权的重视,并不意味着隐私权是无限的,个人隐私在受到隐私权保护的同时,也会被公权力、新闻自由权、知情权等所涉及。不同的权利体现了不同的利益要求,不同的利益之间会存在冲突。对隐私权的限制,在实践中表现为隐私权与其他相关权利或权力所体现的不同利益的平衡问题。利益平衡原则应当被确认为隐私权限制的基本原则。

The emphasis on privacy right in law does not mean that it is boundless. Personal privacy is protected by privacy right as well as involved in public power, news freedom and the right to know. Different rights reveal different interests. Different interests cause different conflicts, which in practice refer to balancing problems among different interests groups in the embodiment of privacy right and other related fights and power. The interest balancing principle should be regarded as the basic principle of the restriction on privacy right.