数字监察背景下公职人员隐私权保障的法治逻辑

Logic of the Rule of Law in Safeguarding the Privacy of Public Officials in the Context of Digital Surveillance

作为宪法所构建的基本权利,隐私权蕴含着自我决定与不被打扰的内涵,理应获得国家的尊重与保障。公职人员同时作为普通公民,也应当享有隐私权。目前各地进行的数字监察措施的探索可分为基于不同目的的措施、基于不同方式的措施以及基于不同对象的措施,其中有关个人信息的获得与公开、个人信息的分析与比对等行为,对被监察对象的影响都落入了隐私权保护的范围。尽管基于公众监督等公共利益的需要,对公职人员的隐私权需要进行一定的限制,但是公职人员仍有权请求避免国家的过度干预,包括避免国家过度的直接侵入与信息外泄。限制的界限在于目的的正当性,手段的适当性、必要性,以及规制所获得的利益与限制所失去的利益间的平衡性。对此,有必要从法律保留、技术治理与责任规范三个方面加强对公职人员隐私权的保障,从而实现个人利益与公共利益的平衡。

As a fundamental right enshrined in the Constitution, privacy rights imply self-determination and non-interference, and should be respected and guaranteed by the State. Public officials, as ordinary citizens, should also enjoy the privacy rights. The current exploration of digital surveillance measures can be categorized into measures based on different purposes, measures based on different methods, and measures based on different targets, in which the acquisition and disclosure of personal information, the analysis and comparison of personal information, and other behaviors affecting the targets of surveillance fall within the scope of the protection of the privacy rights. Although the privacy rights of public officials need to be limited for reasons of public interest, such as public scrutiny, there is still a right to request protection against excessive interference by the State, including excessive direct intrusion and leakage of information by the State. The boundaries of restriction lie in the legitimacy of the end, the appropriateness of the means and the necessity, and the balance between the benefits gained from regulation and the benefits lost from restriction. In this regard, it is necessary to strengthen the protection of the privacy rights of public officials from such three aspects as reservation of law, technical governance, and responsibility regulation, to realize the balance between individual interests and public interests.