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November 25, 2005

当事者を置き去りにした空虚な議論 ~ 犯罪被害者の氏名公表問題

  • 犯罪被害者の氏名公表を巡って行政と報道機関が揉めている。行政は個人情報であることを盾に非開示を主張し、報道機関は知る権利を根拠に実名公表を求めてきた。

  • 行政側は警察の判断に任す方針を示しているが、報道機関側の主張とはまだ溝がある。

  • この一連のやり取りを見ていると、当事者を置き去りにしているとしか言いようがない。個人情報をコントロールする権利はまず当事者にある。

行政と報道機関の間で妙ちきりんな議論が行われているのだそうです。

犯罪被害者の氏名発表、欠かせない・新聞協会が意見書
 政府の犯罪被害者等基本計画案に、被害者の発表を実名とするか匿名とするかを警察が判断するとの項目が盛り込まれたことに対し、日本新聞協会は21日、項目の削除を求める意見書を内閣府に提出した。新聞協会が削除を求める意見書を提出するのは10月に続き2回目。

 意見書は、事件や事故の報道は社会全体で悲しみや怒りを共有し再発を防止するために必要とした上で「被害者の実名は正確で客観的な取材、検証、報道に欠かせない」と指摘。さらに、「警察の恣意的運用を招き、国民の知る権利を脅かすことになりかねない」と批判している。

[2005年11月22日/日本経済新聞 朝刊]


犯罪被害者の氏名を公表するか否かがなんて議論の対象にすらなり得ないものと思っていたのですが……。
だって個人情報の扱いは当事者が決めればよい話でしょう。被害者が死亡している場合には遺族が決めればよいのですよ。

プライバシーとは、そっとしておいてもらえる権利のことです。けれどもこれは法には馴染みにくいのですね。なぜなら、それが主観的なものだからです。そこで次善の策として考えられるのが個人情報の保護です。その根底には個人情報をコントロールする権利は当事者が持っているという考え方があります。

ところが、行政も報道機関も「国民のため」と言いながら、実は己の権利を主張するのに忙しいようで、肝心要の当事者そっちのけですったもんだやっているのです。

事件をより知ってもらいたいと願う人もいれば、そっとしておいて欲しいという人もいるのです。そういう個々の犯罪被害者の意向に沿った対応をするのが当然なのではないでしょうか。


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