First Daughter's Marriage vs. Public Figure Privacy Rights

First Daughter's Marriage vs. Public Figure Privacy Rights
China Times editorial (Taipei, Taiwan, ROC)
A Translation
March 13, 2013

Summary: A wedding is a happy event. It is a major event in a person's life. President Ma's daughter Ma Wei-chung is getting married. But because the First Family was too low-keyed, something that was good and simple has become part of a farcical Blue vs. Green war of words. The Office of the President remained silent for 48 hours, after which it officially confirmed earlier rumors. It informed the public who the the president's son-in-law was. It called on the public to allow the young couple to retain their privacy.

Full Text below:

A wedding is a happy event. It is a major event in a person's life. President Ma's daughter Ma Wei-chung is getting married. But because the First Family was too low-keyed, something that was good and simple has become part of a farcical Blue vs. Green war of words. The Office of the President remained silent for 48 hours, after which it officially confirmed earlier rumors. It informed the public who the the president's son-in-law was. It called on the public to allow the young couple to retain their privacy.

President Ma has long respected women's rights. He probably felt helpless. He should be the one to give away his daughter's hand in marriage. But the best he can do is meet with family members at the ZTE apartments. He hopes his daughter's private life will not be disturbed because of his status. Family members, close friends and relatives were afraid even to announce the happy news. But President Ma's background is in the law. He should realize that as a head of state and a public figure, his right to privacy is limited. Invasions of privacy are certain to impact family members. Even though his daughter is an adult, her marriage will be considered fair game. He cannot change this reality.

Privacy is not one of the expressly enumerated powers in our constitution. But Grand Justices Legal Interpretation No.585 explicitly recognizes the right to human dignity, individual sovereignty, and personal space. Therefore privacy is an essential and basic human right, subject to the protection of Article 22 of the constitution. In recent years, it has included the "Personal Data Protection Act" and other more inclusive acts. These specify in great detail the definition of privacy. Basically, personal matters that have nothing to do with the public interest may are off limits. But public figures who have received public or media attention, enjoy less protection of their right to privacy. For example, the public is interested in performing artists. Politicians in particular, whether elected representatives or political appointees, may have conflicts of interest or special interests. Otherwise, they would not have to declare their property, and even publicize their medical condition.

An elected president voluntarily becomes a public figure. Even his daily itinerary cannot be kept secret. Ma Ying-jeou cannot complain about this. But Ma Wei-chung is not someone who voluntarily became a public figure. Her father was elected president. She had no say in this. Yet it led to her becoming the focus of media attention. Her ability to avoid such attention is limited. The best example of this is the former First Family during the Chen Shui-bian administration. Chen Chih-chung and Chen Hsing-yu's weddings were national events. Chen's son-in-law and daughter-in-law were placed under the microscope, for all to see. Former President Chen Shui-bian used his family for PR purposes. As a result, Chen family members often lost control of their emotions in front of the media. Although regrettable, little can be done about this.

In the wake of the former First Family's antics, the vast majority of people approve of President Ma's low-key approach. But this does not change the fact that during his term of office, President Ma Ying-jeou's family is the First Family. The national government's security system cannot draw distinctions between First Family members based on their personal integrity. The president's family and relatives must be subject to oversight. Only this will prevent possible conflicts of interest. This principle applied to the Chen family. It applies to the Ma family as well. The First Daughter's wedding being kept secret invites wild speculation.

The DPP has argued that her wedding is a national security issue. That takes it too far. But the DPP is not entirely without justification. Especially since the couple will not to return to Taiwan or the United States, but instead settle in Hong Kong. Hong Kong is under the control of Mainland China. It is the most sensitive region for cross-Strait intelligence gathering. It is a headache for the NSB, for good reason. Under current law, once Ma Wei-chung is married, the NSB need no longer provide her with bodyguards. But the young couple must still remain under the watchful eye of the NSB. In the event of problems, the National Security Bureau will be the first to know. In their absence, the NSB, a credible government agency charged with national security, will be able to testify to that effect.

Some people have criticized President Ma and his wife for not participating in the wedding ceremony. Such criticisms are pointless. Civil ceremonies should be encouraged. The couple works in the United States. Their marriage license was obtained abroad. It was perfectly logical for the elders to respect these young peoples' right to plan their own wedding. This is consistent with modern concepts of progressive thought. The elders are not interfering with the young couple's wedding decisions. What right do outsiders have to meddle? That said, Ma Wei-chung must understand that her father is a head of state. Her marriage is not just a private matter or family matter. The couple have freedom of choice. But for the next three years, their character, their occupations, even their friendships will be topics of discussion. These matters affect the image of the First Family. The First Family is to a considerable extent, a symbol of the nation.

It is difficult to establish rigid legal standards of privacy for public figures. But there ought to be some standards. For example, what does the President do in his apartment after work? That ought to be considered part of the president's private life. But what the president does in his apartment during natural or man-made disasters, or other major events, is not part of the president's private life. President Ma Ying-jeou has the peoples' trust. Therefore he cannot simply refuse to discuss his wife or his daughters. As the saying goes, "If one cannot put a single room in order, how can one put a nation and the world in order?" If one's family has happy news, what reason is there to prevent the public from offering its blessings?

中時電子報 新聞
中國時報 　2013.03.13
社論－第一家庭嫁女兒vs.公眾人物隱私權
本報訊

    　嫁娶是喜事，更是人生大事，不過，馬英九總統的千金馬唯中出閣，卻因為第一家庭過分低調，讓原本再單純不過的美事，竟演變成藍綠大打口水戰的鬧劇。總統府在各界懸念四十八小時後，終於正式證實稍早的「傳聞」，向國人「交代」總統的女婿是何人，並呼籲社會讓小倆口保有隱私的空間。

    　一向尊重家中女權的馬總統，或許頗為無奈，理應牽女兒的手進禮堂的他，只能在中興寓所與親家相見；為了尊重女兒希望私人生活不因為父親身分遭到打擾，甚至對親友家族都不敢報上喜訊。不過，法律人出身的馬總統，應該也深刻了解，既為國家元首，做為公眾人物的隱私就受到限縮，且限縮範圍勢必及於其家人，即使女兒成年、出嫁，都改變不了這個現實。

    　隱私權雖非我國憲法明文列舉的權力，但根據大法官釋字第五八五號解釋，明白確認基於人性尊嚴與個人主體性之維護，及維護人格發展之完整，隱私權乃不可或缺的基本人權，因此受憲法第廿二條之保障，晚近幾年，包括諸如《個人資料保護法》等更完備的法令，對任何個人的空間隱私和私密隱私都有更詳細的規範；基本上，凡與公共利益無關的個人事務，有不容外界侵犯的權力。但廣受民眾或媒體關注的公眾人物，相對而言，隱私權受到的保障較少，如演藝圈人士關係大眾的興趣，政治人物從民代到政務官，則攸關利益衝突或單純的利害關係，特別是後者，否則不會有財產申報制度，甚至還要定期公布體檢狀況。

    　民選總統屬自願性的公眾人物，連行程都沒有保密的自由，馬英九也無話可說，但如馬唯中卻屬非自願性的公眾人物，她的爸爸當選總統，她不能說不，同樣的，因此讓她成為媒體關注追蹤的焦點，她強勢說不的空間也有限。扁政府前第一家庭就是最典型的例子，不論陳致中或陳幸妤婚嫁生子都是全國大事，女婿與媳婦同樣受到媒體放大鏡檢視，前總統陳水扁以家人收宣傳之效，但扁家人也因此多次在媒體面前失控，雖讓人不忍卻也莫可奈何。

    　經過前第一家庭的風雨是非，絕大多數民眾對馬總統一家人的低調性格，一直頗為肯定，但這無法改變他們在馬英九總統任內，身為第一家庭成員的身分；國家體制和安全系統不應以一家人的正派與否而有區別，再正派，總統家庭和其親屬，都應該受到監督，才能避免任何可能的利害關係或利益衝突，此一原則適用於扁家，也適用於馬家，第一千金出嫁卻祕而不宣，徒增好事之徒揣測妄言的空間。

    　民進黨議論上綱到國安問題，雖屬過頭，但也不是完全無理，特別是這對新人婚後不回台或留美，卻選擇定居香港，不要說香港已是中國大陸的領域，此地畢竟是兩岸訊息情報最敏感的地區，國安局為之頭痛不是沒有原因，根據現行法令，馬唯中既已出嫁，國安局無須再派隨扈，但是，小倆口或多或少還是得活在國安單位的眼皮底下，有事，國安局得第一時間知道，沒事，至少還有具公信力的國安單位留個杜悠悠之口的依據。

    　至於沒事找碴，嫌馬總統與夫人不參與婚宴等批評，就純屬無聊了。公證結婚理應提倡，一對新人工作都在美國，在海外登記結婚，順理成章，至於兩家長輩尊重年輕人自辦婚事，更符合現代人的進步觀念，長輩都不干預小倆口的婚禮模式，外人哪有置喙的餘地？不過，即使如此，馬唯中還是得理解父親既為國家元首，她的婚事就不只是私事、家事，夫婿自有她選擇的自由，但其夫婿至少在未來三年，不論是人品、職業、甚至交友良窳，都會是話題，因為這攸關第一家庭的形象，而第一家庭相當程度就是國家形象的象徵。

    　公眾人物的隱私權，很難有法定不移的標準，但一定有相應的規格，舉例而言，下班後總統在寓所做什麼？此屬總統也該擁有的隱私，但若發生任何天災人禍等重大事件，總統還在寓所做什麼？就不能以一句隱私帶過。馬英九總統既受全民付託與信賴，就不能始終以「老婆的事情不能談，女兒的事情不能問」迴避，所謂「一室之不治，何以天下國家為」，遑論家有喜事，全民祝福有何可避？