论隐私权的商品化

The Commercialization of the Right of Privacy

隐私权作为一项新型人格权,其概念自产生以后,一直存在着范围不断扩张、内容日益宽泛的趋向。伴随着我国社会的发展和市场经济的进一步深化,隐私权的权能不应仅仅限于消极的防御,而应强化其积极权能,尤其是其商品化的权能。赋予隐私权主体对隐私进行商业开发利用或授权他人使用的权利,将个人信息隐私商品化产生的财产利益配置给隐私权主体。

Privacy as a new type of personality right, Its scope and content have always been expanding since this concept was produced. With the development of the society in our country and the further deepening of market economy, the power of the right to privacy should not be limited to passive defense, and should strengthen its positive power, especially in the commercialization of power. Give privacy subject the right of commercially developing and utilizing the privacy or authorizing others to use. Personal privacy information to buy or sell as the practice of the commercialization of privacy, the commercial interests should be given to the privacy subject.