摘要:档案的公布是对档案开放的一种积极行为,它与开放的根本区别是“首次向社会公开发表”,其意义在于只要档案内容一公布,利用者就了解了其内容,全社会都可以利用,而利用者利用已合法公布了的档案内容,自然不再涉及隐私权的问题,但如果利用的是尚未公布的档案,则极其容易涉及到他人的个人隐私。
thout the consent of , any organization or individual involved in the content of their privacy be copied files , references, excerpt or promotion . For example, in the use of archival institutions or edited or business research work, without the permission of the rights and privacy of others unauthorized use of the files containing these acts are illegal. In addition, the public in the use of the open file, the file was also unauthorized disclosure of information privacy , so privacy principal business activities are the normal private interference . These files are illegal acts published privacy .
Privacy most countries in the world have been respected and protected. China's "
constitution ," " Criminal Procedure Law " , " Civil Law" , " Administrative Procedure Law " and other laws and regulations are also indirectly protect the privacy of citizens gave confirmation . However, because of the legislative work on privacy is lagging behind , so the legislative level is low, the degree of attention is far less than in other countries . Privacy in our legal system has yet to become an independent personality rights , the protection of privacy in direct special laws and regulations have not yet introduced . For privacy protection laws and provisions are also fragmented and isolated.
In the archival community , the maintenance of privacy is the lack of specific laws and regulations for protection. Even for archives with macro guidance of the " Archives Law of the PRC " , there is no specific provision for citizens' privacy . Some files mentioned regulations, although privacy issues , but only in its infancy and early stage. Such as: " People Archives Law " Article 21 provides that: " the transfer to archives , donations, register file units and individuals have priority use of their right to file , and the file should not it open to the community to restrict the use of some comments , archives should safeguard their legitimate rights and interests " ; Article 22 also shows that : " collectives and individuals of all files, file owner the right to publish , but must comply with relevant state regulations, without prejudice to the interests of national security and must not violate the legal rights and interests . " " Open file implementation Rules "Article IV , " before the founding of the historical archives , the formation of full three years after the founding of the decrypted files and other pending security classification file , where " privacy and other content involving citizens , the opening will damage its reputation and interests of the archives ' should control use .
These provisions reflect the archival work in the idea of protecting citizens' privacy , the file shows that our laws and regulations have been put in the file open privacy issues as an aspect stressed out. However , it should be seen that the above terms are mostly isolated, fragmented, abstract, harmonization among provisions poor , principled, too , are not systematic and integrity protection of privacy did not form a complete system . For the content of the law involving privacy statement is not clear enough , using a rather vague concept , such as " inappropriate '', " should " , etc., is not strong executive authority , the lack of transparency be seen , the current maintenance of Archival Privacy lack o
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