公共場所隱私權之保障與媒體自由_Von Hannover v. Germany案讀後摘要
壹、Von Hannover v. Germany (2004)
歐洲人權法院第三庭在Von Hannover v. Germany(2004)乙案，摩洛哥公主卡羅琳因在公眾場所遭到媒體未經許可偷拍併公佈刊登這些照片於雜誌上因而向歐洲人權法院提出申訴。
"53. In the present case there is no doubt that the publication by various German magazines of photos of the applicant in her daily life either on her own or with other people falls within the scope of her private life."
"59. Although freedom of expression also extends to the publication of photos, this is an area in which the protection of the rights and reputation of others takes on particular importance. The present case does not concern the dissemination of “ideas”, but of images containing very personal or even intimate “information” about an individual. Furthermore, photos appearing in the tabloid press are often taken in a climate of continual harassment which induces in the person concerned a very strong sense of intrusion into their private life or even of persecution."
"61. The Court notes at the outset that in the present case the photos of the applicant in the various German magazines show her in scenes from her daily life, thus involving activities of a purely private nature such as engaging in sport, out walking, leaving a restaurant or on holiday. "
"76. As the Court has stated above, it considers that the decisive factor in balancing the protection of private life against freedom of expression should lie in the contribution that the published photos and articles make to a debate of general interest. It is clear in the instant case that they made no such contribution, since the applicant exercises no official function and the photos and articles related exclusively to details of her private life."
貳、Von Hannover v. Germany(NO.2)[GC](2012)
(Applications nos. 40660/08 and 60641/08)
private life: at para. 85-99
freedom of expression: at para.100-107
The criteria relevant for the balancing exercise: at para. 108
"108. Where the right to freedom of expression is being balanced against the right to respect for private life, the criteria laid down in the case-law that are relevant to the present case are set out below."
(α) Contribution to a debate of general interest
(β) How well known is the person concerned and what is the subject of the report?
(γ) Prior conduct of the person concerned
(δ) Content, form and consequences of the publication
(ε) Circumstances in which the photos were taken
參、釋字第 689 號
BY Wanli YANG