网络反腐中政府官员隐私权保护的适度边界

Mapping the Appropriate Boundary of the Protection of Right to Privacy for Government Officials Towards Anti-corruption On-line

网络反腐是互联网时代反腐倡廉的新方式,它一方面强化了对政府官员个人权力的监督制约,另一方面也增加了侵犯政府官员民事权利特别是隐私权的法律风险。在网络反腐中,保护政府官员的隐私权不仅有利于维护人格尊严,而且有利于化解隐私权与知情权及监督权的冲突。但基于政府官员的特定身份,其隐私权保护应定位于公共利益除外标准,坚持适度保护原则,合理划定保护范围。

Anti-corruption on-line is a new approach to combating corruption and building a clean government in the Age of the Internet. One the one hand,it strengthens the supervision and control on Government officials＇ personal power; on the other hand,it also increases the risk to infringe the lawful civil rights of government officials＇,in particular the right to privacy. To protect government officials＇ right of privacy during anti-corruption on-line will not only safeguard human dignity,but also defuse the conflicts among the right of privacy and right to know and the right of supervision. However,based on the specific identity of government officials,the right of privacy protection should be based on the public interest standard as well as abidance by the principle of moderate protection and reasonable scope of protection.