试论隐私权的宪法保护

在当今信息社会，人与人之间的联系越来越紧密，与此同时侵犯个人隐私权的现象也越来越普遍。但我国现行的法律对隐私权的保护仅限于部门法范围，主要是通过民法对人格权的保护的方式来实现的，且并未将隐私权作为一项独立的权利进行明文规定。在宪法层面，虽然有关于隐私权的隐性规定，但通过直接适用宪法即宪法司法化来对隐私权进行保护，在我国还没有先例。需将宪法的精神和原则贯彻到部门法中，通过部门法的适用来实现宪法所保障的公民的基本权利和利益，最终实现隐私权的宪法保护。

On the constitutional protection of the right of privacy

In the current information society, the link between people has become increasingly closer and in the meanwhile the invasion of the right of privacy has become widespread. However, the protection of the right of privacy only remains in the stage of the department law protection in China~ current legal system, and it mainly achieves the aim of the protection of the right of privacy through the way of the civil protection of the right of the personality. Therefore, the right of privacy is still not an independent and explicit right. Although there are hid- den provisions on the right of privacy at the constitutional level, but at the present stage there is still not such a precedent to protect the right of privacy by the direct judiciary application of Constitution. Therefore, measures should be taken to realize the constitutional protection of right of privacy ： to implement the principles and spirits of Constitution into the department laws ; to guarantee the fundamental rights and interests of citizens by Constitution through the application of the department laws; to achieve ultimately the aim of the constitution protectional of the right of privacy.