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我国对慈善募捐的法律规制起步较晚,在《慈善法》出台以前,主要以行政法规、部门规章为主,由于此类规范性法律文件法律位阶较低,制定部门立法技术不足,因此存在较多法律漏洞。在实践方面,我国慈善募捐行业比较混乱,尤其在“郭美美事件”“壹基金事件”曝光后,公众对其信任度大大下降,媒体过度曝光及慈善组织“裸透现象”频繁发生,侵犯了捐赠人、受益人的隐私,对该领域内的信息隐私保护迫在眉睫。文章分为三部分,第一部分论述了慈善募捐中信息隐私的特殊性,即涉及公共利益的考量;第二部分论述了当前慈善募捐中信息隐私保护面临的三大困境;第三部分针对目前信息隐私保护的现状提出了合理化建议。
Before the introduction of the “Charity Law,” mainly due to the administrative regulations and departmental rules and regulations, the legal status of such normative legal documents was low, and there was a lack of technical expertise in the establishment of departmental legislation. Therefore, the legal regulation of charity fund-raising in China started relatively late. More legal loopholes. In practice, the charitable fund-raising industry in our country is quite chaotic. Especially after the exposure of the “Guo Meimei Incident” and the “One Fund Incident,” the public’s confidence in them has dropped significantly, the media has been over-exposed and the charity " Occurred frequently, violating the privacy of donors, beneficiaries, the protection of information privacy in this area is imminent. The article is divided into three parts. The first part discusses the particularity of information privacy in philanthropic fund-raising, that is, the public interest considerations. The second part discusses the three predicaments of current privacy protection in philanthropic fund-raising. The third part deals with the current information The status of privacy protection put forward reasonable suggestions.