Balancing Between Individual Image Privacy and Freedom of the Press

1. Balancing Between Individual Image Privacy and Freedom of the Press － Analyses of Von Hannover and Peck and Taiwanese Perspectives Photographing individual and using of individual image from surveillance videotapes involve the protection, conflict and balance between right to privacy and freedom of the press. Firstly, this essay compares rules of rights between the ECHR and Taiwanese Constitution to provide basis for discussions on individual cases. Secondly, it provides analyses on Von Hannover, which focuses on balancing between private life and freedom of the press. Thirdly, it further examines Peck, reviewing the method and boundary administrative authorities and the media may use individual image. Its fourth part probes into Taiwanese laws, and offers suggestions for amendments. The last part provides conclusions. It is argued that, because there has been no particular provision in the Taiwanese Constitution to protect right to privacy. It is suggested that future constitutional amendments should include right to privacy and take the two judgments examined as model, Taiwanese laws can be changed or inserted confirming government’s positive obligation to protect privacy, directing the ways of media management laws, extending the powers of the NCC, providing the system of injunction and clarifying the ambit of right to privacy. Fort Fu-Te Liao, Chengchi Law Review, Institutum Iurisprudentiae

2. Balancing Between Individual Image Privacy and Freedom of the Press － Analyses of Von Hannover and Peck and Taiwanese Perspectives Also in: Fort Fu-Te Liao, Essays of Human Rights Law (Angle Publisher, 2007), pp. 79-136.