各国宪法纷纷把隐私权纳入到人权的保护范围,这使得隐私权具有了基本权利的地位。自由、平等的商谈或论辩是达成正确和正当的必要手段,正确性和正当性从根本上依赖于理性商谈程序的建构。对隐私的保护除了可以确保参与商谈的自由选择权,而且还能确保商谈本身的自由开展。在信息社会里,如果想要恢复宪政民主国家的自由商谈机制,那就需要加大保护与隐私权密切关联的“获取信息权”这项基本人权。 The constitutions of different countries have incorporated the right of privacy into the protection of human rights one after another, which makes the right of privacy a basic right. Freedom and equal negotiation or argument are the necessary means to achieve correctness and fairness. Correctness and legitimacy depend fundamentally on the construction of the process of rational negotiation. In addition to ensuring the privacy of the freedom to participate in the negotiation of the right to choose, but also to ensure that the negotiations themselves free. In the information society, if we want to restore the mechanism of free negotiation among the constitutional democracies, we need to increase the basic human rights of “access to information”, which are closely linked with the protection of privacy.