Locating the Value of Information Privacy in
a Democratic Society: A Study of the
Information Privacy urisprudence of
Taiwan’s Constitutional Court
This note reconsiders the relationship between information privacy and
democracy, arguing that information privacy deserves constitutional protection
because it not only ensures an individual’s personal interests in his or her personal
matters, but also promotes public values central to our democratic society. To make
this argument, this note identifies three democratic values inherent to information
privacy. First, information privacy limits the government’s exercise of power.
Second, information privacy secures democracy by providing citizens with certain
procedural protections. Third, information privacy secures citizens’ freedoms of
thought, speech, and other intellectual activities.
This note also explores the information privacy jurisprudence of the Grand
Justices of Taiwan’s Judicial Yuan, Taiwan’s Constitutional Court. Taking Taiwan’s
experience as an example, this note argues that in order for people to freely think,
speak, deliberate, dissent, and participate in the democratic process, their
information privacy must be protected. Without information privacy protection,
people cannot enjoy a really free and democratic society. Information privacy is thus
an important value for a democratic society.
Keywords: Information Privacy, Democracy, Spatial Privacy, Communicative
Privacy, Intellectual Privacy