Interpretation of Article 40 of the Current Constitution: Freedom of Communication and Protection of Communication Secrets under the Background of Big Data

DOI: https://doi.org/10.62517/jel.202414506

Author(s)

Yang Bai*

Affiliation(s)

China Jiliang University, Hangzhou, Zhejiang, China *Corresponding Author.

Abstract

In the context of big data, network communication has taken on a novel form. Technological advancements have undeniably facilitated daily life, yet they have simultaneously introduced fresh challenges concerning citizens' freedom of communication and the constitutional right to the protection of communication secrets. This paper endeavors to delve into and deliberate on several pivotal questions: do the rights to personal information and privacy in contemporary communication fall within the purview of constitutional protections? Have the fundamental prerequisites for communication in the new internet era undergone any transformations? Do intentionally collected or inadvertently acquired data constitute a form of accessing citizens' communication content, and if so, does this amount to an infringement? Furthermore, this paper proposes a perspective on safeguarding citizens' fundamental communication rights, emphasizing the importance of striking a balance between technological progress and the protection of individual liberties.

Keywords

Big Data; Freedom of Communication; Communication Secrecy; Personal Information

References

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