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作为特殊信息资源,档案公布活动通常会受到国家及相关部门管理规范保护和约束,任何人不得已任何的理由侵犯他人档案信息、以及与之相关的法律权益,对于已经公布的档案应用,应当严格遵循有关法律法规之规定。然从实践来看,虽然国内档案法即有关规定就档案公布、应用做出了规定和规范,但实践中依然存在一些漏洞和不足,涉及到的法律纠纷问题很难有效解决。本文将对档案中的隐私权即涉及到的法律问题进行分析研究,并在此基础上提出一些建设性建议,以供参考。
As a special information resource, the file publication activities are usually protected and restrained by the management regulations of the state and relevant departments. Anyone has no reason to infringe the file information of others as well as the legal rights and interests related to them, and should strictly follow the published file applications Relevant laws and regulations. However, from a practical point of view, although the domestic archives law is the relevant provisions on the archives published and applied to make provisions and norms, but in practice there are still some loopholes and deficiencies, the legal disputes involved difficult to effectively solve. This article will analyze the legal issues involved in the privacy of files, and on this basis, put forward some constructive suggestions for reference.