关键词: 隐私权, 募捐, 信息披露, 权利冲突, 隐私侵权

Abstract:

Charity fundraising may infract donors' privacy in the circumstances of the information disclosure, information sharing with other charitable or commercial organizations. These three kinds of circumstances are different in the juridical basis and legal relationship. The information disclosure involves conflicts among donors' privacy, free speech and the right to know of the public. The information sharing among charitable organizations involves conflicts between the interest of charitable organizations and the donors' privacy. Besides, the information sharing between charitable organizations and commercial institutes involves the problem of the fundraising measures. Now, China has not laid down donors' privacy protection regulations concerning charity fundraising. This situation is unfavorable for the protection of the donors' rights and interests, and also for the healthy development of the charitable industry. Therefore, in order to solve this problem, China shall study this division as soon as possible, and introduce the Opt-in/Opt-out regulations and create the related information-administration authority. Meanwhile, the first infringement and secondary infringement should be distinguished. For the secondary infringement, the protection directory rules should be introduced, and specialized authority for privacy protection should be established.

Key words: right of privacy, fundraising, information disclosure, conflict of rights, infringement of privacy