私的事柄の収集行為とプライバシー――不法行為法の観点から

抄録

In Japanese tort law, the definition of invasion privacy are based on Prossers’ theory (Prosser, Privacy, 48, Cal. L. Rev. 383, 1960) and ‘Utage no Ato’ case (Tokyo.1964); 1. Disclose plaintiff's personal information which is private, secret and unknown. 2. Intrusion into the private sphere.
　Some recent cases and theories start to argue that collecting personal information would be invaded privacy. However, in the strict sense, collecting itself will not be able to cause any harm. For example, in other words, Taking picture dose always cause damage to people? There are other requirement should be necessary for remedy from invasion of privacy.
　Nonetheless, cases are still happened. Does collecting personal information itself invade privacy? This article studies the question from torts view, theory and cases.