| 英文摘要 |
BIG DATA is about two shifts of mindset. The first is the ability to analyze vast amounts of data about a topic. The second is a growing respect for correlations. So it is more possible to create digital dossiers that cover much of a person’s information, behavior, mentality and so on. At the same time, BIG DATA brings a big challenge to the protection of the right to privacy: the old theory of “dualism of space” that claims the space separates into the public and the private part is behind the time and the information that was previously kept secrecy is considerably difficult to keep away from collection. In this social context, it is necessary to rethink the theory of the right to privacy beginning with reviewing the concept of the right to privacy. In this article, I first introduce five typical theories about “what is the right to privacy”. Then I analyze and summarize the three problems existing in the five traditional theories: holding the idea of “dualism of space”, locating the essence of the right to privacy, confusing privacy with the right to privacy. Next, I set forth some new approaches for conceptualizing privacy. In doing so, I completely underline the difference between privacy and the right to privacy. Finally, I argue that the concept of the right to privacy does not have a universal and core feature and emphasize the importance of space in rethinking the concept of the right to privacy to define the concept of “information privacy” and “decisional privacy”. |
