大學校園中的隱私權探討—以學生為主體

A Study on The Right to Privacy of University Campus－Targeted on Students

在大學校園中，學校基於管理、教育學生之理由剝奪學生隱私權，許多管理措施經包裝後，更使隱私權之侵害不易被發現。大法官解釋已宣示隱私權為基本人權之一，所以大學生該當享有此種權利，學生隱私權也需要獲得保障，因此本研究希望透過隱私權之探討，了解校園中涉及侵害學生隱私權之態樣，讓大學生更加認識自身隱私權，進而維護學生隱私權。
本研究採取文獻分析及訪談方法，將大學校園中涉及學生隱私權侵害之態樣分成身體的隱私、資訊的隱私以及領域的隱私來探討，研究發現：
一、身體的隱私：校園監視器的設置應符合比例原則，以及建築物與空間設置要讓學生享有更多隱私的空間。
二、資訊的隱私：學校對於學生資訊應妥善保管，不得隨意公開，並對學生資訊的使用設計一套程序或制度來加強學生資訊使用的合理性。
三、領域的隱私：學校應有一套程序與學生宿舍安全檢查相配合，以及採取配套措施來彌補社團空間不足與共用空間的問題。

With the advent of the information age, the rapid development of internet and communication media shorten the distance between people. Thought let us enjoy the benefits of the convenience of life which technology brings, we also suffer through it. From the news media we can find the privacy infringement issues have the trend to increase. In today’s society, people are more eager to keep the inner world of peace, so the right to privacy has become the basic needs of modern people, and is regarded as keeping the individual freedom and the human dignity indispensable condition.
On university campus, schools deprive students of the right to privacy which is based on the reasons of the management and education of students, so a great amount of management measures are more difficult to find privacy infringement after packaging. The Interpretation of Grand Justices has declared the right to privacy is one of the basic human rights, so the university students deserve to enjoy this right, and students’ privacy rights also need to be protected. The study hope to explore the right to privacy as well as the types involved in students’ privacy rights on campus, so that students learn more about privacy right themselves, and suggestions for schools to maintain students’ privacy rights more.
The method of this study is literature analysis and interview. Separating the types involved in the violations of students’ privacy rights on university campus into bodily privacy, information privacy, and territorial privacy to explore. The study found：
1. Bodily privacy：set the monitor on campus should be consistent with the principle of proportionality, as well as the set of the buildings and the space enable students to have more privacy.
Information privacy：schools should safely keep students’ information, not free to the public, and design a set of procedure or system to enhance the reasonableness of the use of students’ information.
Territorial privacy：schools should have a set of procedure which is fitted for the safety inspection of students’ dormitory, and take corresponding measures to compensate community for issues of the lack of space and shared space.