关键词: 可识别性, 私密性, 合理隐私期待理论, 场景理论

Abstract:

Private information is the intermediary between privacy and personal information. In judicial practice, there is ambiguity in the definition of private information. Based on the correlation between private information and privacy and personal information, from the perspective of interpretation theory, it is concluded that private information is identifiable and private. However, the dual nature of private information makes it difficult to answer the question of protection or reasonable use. Based on the principle of reasonable privacy expectation theory and supplemented by scenario theory, the hierarchical distinction of private information is carried out, and sensitive private information is classified into the category of privacy rights, and non-sensitive private information is classified into the category of personal information, so as to solve the problems above.

Key words: recognizability, privacy, reasonable privacy expectation theory, scenario theory