[雙語翻譯]隱私權(quán)外文翻譯--現(xiàn)代技術(shù)與隱私權(quán)保護面臨的挑戰(zhàn)（英文）

1、167CERIF: S112, S123Ivana Stepanovi?*, MAMODERN TECHNOLOGY AND CHALLENGES TO PROTECTION OF THE RIGHT TO PRIVACYThe right to privacy is a fundamental human right and can be categorised as a first generation human right.

2、 However, it is one of the most controversial human rights due to the fact that it is not properly defined. The development of technology has changed our understanding of privacy and shifted the boundary between privat

3、e and public, which has resulted in confusion related to the very meaning of privacy and made us question to what extent we should protect it anyway. Security issues continuously undermine the protection of privacy by

4、 imposing the need for more sur- veillance and control. Instead of being considered as a natural right, the right to privacy is constantly being contested.In this paper it is analysed how new technologies altered our un

5、derstanding of privacy and blurred the line between private and public spaces, imposing many challenges to protection of the right to privacy. I argue that these challenges are caused by the lack of definition of priv

6、acy and propose that we should rethink the concept itself in order to create a new operative definition which would enable better protection of this fundamental human right which is one of the most important pillars o

7、f modern democratic society and protects individuals from despotic controlling powers.Key words: Privacy. –The Right to Privacy. –Technology. –Human Rights. –Security.* Lecturer, Institute of Criminological and Sociolo

8、gical Research Belgrade, ivana.stepanovic@gmail.com.Ivana Stepanovi? (p. 167– 178)169transformed “the landscape on which laws are made” .6 Since the 1970s, there has been a struggle to fit technology within a legal fram

9、ework, but its constant development makes this task increasingly difficult.7 Dealing with the consequences of technological improvement, which includes endless possibilities for “miniaturisation, convergence, interope

10、rability and ubiquity” 8, is an on-going project. For example, nowadays it is espe- cially difficult to protect the right to private correspondence stated in the European Convention of Human Rights9. Prior to the inven

11、tion of the telephone, the notion of correspondence referred to letters. Today it also refers to text messages and electronic mail. Electronic media are making privacy very hard to preserve. The main problem is that t

12、he antagonism between technology and privacy law is like a race between the tortoise and the hare: “No matter how many laws are passed, it will prove quite impossible to legislate away the new surveillance tools and d

13、atabases. They are here to stay.” 10 This is why in order to find a solution to this problem, we must change the perspective and observe the problem from another point of view.We must acknowledge that technology itsel

14、f is not the problem, but the way we use it can be. As James Rule claims, blaming technology is definitely the wrong route to solving existing problems, as we are facing “uncomfortable and far-reaching choices among c

15、onflicting interests and basic social values” 11. Firstly, to defend the right to privacy today means to require some sort of transparency of control. Establishing a fair and democratic control consists of, among othe

16、r elements, a fairly transparent system within which citizens will not be secretly monitored and every individual would be able to see and control exactly where and to whom their data is shown. Control should be thoro

17、ughly regulated by law with special concern for human rights. Both concern for privacy and security must be respected without sacrificing one or another, but the right balance between the two can only be achieved with

18、in a particular context. Tech- nology used for control must be used in a democratic and humane way. This means that there is nothing wrong with using technology in order to 6 A. T. Keynon, and M. Richardson eds., New Di

19、mensions in Privacy Law, Cam- bridge University Press, Cambridge 2006, 11.7 Council of Europe, New Technologies: a challenge to privacy protection?, Le- gal Affairs, Strasbourg 1989, 5.8 S. Gutwirth, et al., Computers, P

20、rivacy and Data Protection: an Element of Choice, Springer, Brussels 2011, v9 European Convention on Human Rights, http://www.echr.coe.int/documents/ convention_eng.pdf, last visited 01 December 2014.10 D. Brin, The Tra

21、nsparent Society: Will Technology Force Us to Choose Between Privacy and Feedom,? Addison-Wesley, Reading 1998, 9.11 J. B. Rule, Privacy in Peril: How we are Sacrifising a Fundamental Right in Exchange for Security and