关键词: 信息自决权, 信息社会, 法律化陷阱, 情境调控, 进化

Abstract:

The Federal Constitutional Court created a "Personal Information Right" in 1983 from the "census" case. However, the concept of the defense law has been unable to adapt to the internet era which features ubiquitous information. Traditional "Personal Information Right" has a broad scope of protection and violation is easily satisfied. It doesn't conform to the requirements of the reality and can lead to a "legalization trap". Protecting the use of background information will result in a substantial reduction in the scope of fundamental rights protection. We recommend "evolution" rather than "revolution" to readjust to the fundamental rights awareness, which should take into account the "reasonable expectation of privacy" by the protection of individual personality. Violation satisfaction should be limited. In private legal relationships, the doctrine of state's protection obligation should also be implemented with great care.

Key words: Personal Information Right, information society, legalization trap, protect the use of background information, evolution