论行政主体无人机执法之隐私权保护

Research on Privacy Protection of Administrative Organs Using UAV for Law Enforcement

摘要: 无人机为执法部门高效精准执法提供积极助力，然其在执法进程中因能极为便捷隐蔽地抓取公民个人数据，致使其与公民隐私权之协调问题逐渐显现。现已呈现利用无人机执法范围广、频率高的新趋势，数据智能时代的便捷执法不能以摒弃公民合法隐私权利为代价。但现行理论内涵不明确，相关法律法规内容规定较为模糊、效力位阶较低；监管部门界分不明、执法权限厘定不清、被执法方救济方式不完善。寻求利用无人机高效精准执法与公民隐私安全保护间的平衡是完善无人机执法规制的最优之解。明确公权禁止非法涉入公民私域之理论内涵，加快出台相关配套法规，确定监管部门及其权限范围，完善被执法方救济路径，是以实现途径。

Abstract: Unmanned aerial vehicle can help law enforcement to enforce the law efficiently and accurately. However, it can easily and stealthily capture the personal data of citizens, which leads to the problem of its coordination with the right of privacy. Now there is a new trend of using UAV to enforce the law in a wide range and high frequency. The convenience of enforcing the law in the era of data intelligence should not be at the cost of abandoning the legitimate privacy rights of citizens. However, the existing theoretical connotation is unclear, and the provisions of relevant laws and regulations on contents are vague and of a lower rank; the boundaries of regulatory authorities are unclear, the law enforcement authority is not clearly defined, and the remedy methods for the party subject to enforcement are not sound. It is the best solution to improve the law enforcement regulations on UAV to seek a balance between efficient and precise law enforcement of UAV and the protection of citizens’ privacy security. Clarifying the theoretical connotation of the prohibition of illegal involvement in citizens’ private area by public powers, accelerating the promulgation of relevant supporting regulations, identifying regulatory authorities and the scope of their authority, and improving the remedy path for the party subject to the law are the means of realization.