Abstract
Although information privacy has attracted great attention in recent years, its issues regarding judicial review have failed to receive sufficient consideration. Previous discussion has centered on legislative strategies responding to technological threats to privacy and has devoted less attention to innovation in judicial review of governmental intrusion. In Taiwan, before the controversy leading to Interpretation No. 603, there were few writings that explored judicial review issues of information privacy, even though Taiwan had experienced a rich bloom of scholarly works concerning information privacy for ten years. In the United States, although the discourse of the Fourth Amendment has long been a substantial branch of privacy concern, the tradition of relying on the reasonable expectation of privacy test is an unsatisfactory response to State action, and a sufficient replacement test has not been developed. Establishing an adequate framework of judicial review will strengthen judicial performance and subsequently provide more capable protection for privacy and other public interests. Therefore, this article intends to join the endeavor to advance judicial review techniques addressing information privacy cases.