隐私权对于维护人性尊严和促进人格发展极为重要,是一项基本人权.随着互联网购物平台的兴盛繁荣,快递包装上的个人隐私泄漏风险加剧.根据传统民法理论,(原)物主的权利因抛弃行为而消灭,然而,根据解构合理隐私期待理论,从正向构成要件和反向排除规则上对此进行辨析,可以发现作为民法上无主物的废弃快递包装仍然应当成立(原)物主对其隐私权益受法律保护的合理期待.
The right of privacy is extremely important for maintaining human dignity and promoting personal development,and is a fundamental human right.With the prosperity of Internet shopping platforms,the risk of personal privacy leakage on express packaging has intensified.According to traditional civil law theory,the rights of the original owner are extinguished by abandonment.However,based on the deconstruction theory of reasonable privacy expectations,analyzing this from the perspectives of positive constituent elements and reverse exclusion rules,it can be found that discarded express packaging,as an unowned item in civil law,should still establish the reasonable expectation of the original owner that their privacy rights and interests are protected by law.