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The Protection Of The Right To Privacy In Cyberspace

Posted on:2005-11-09Degree:MasterType:Thesis
Country:ChinaCandidate:B H JinFull Text:PDF
GTID:2156360122485280Subject:Law
Abstract/Summary:PDF Full Text Request
The right to privacy is a fundamental right in civil law relationship, which is adopted and protected by many countries. Due to some reasons, the right to privacy is not adopted as a personality right in our civil law. If the right to privacy is infringed, the court will give civil relief according to the right to reputation or common personality right. It is bad to protect the right to privacy without legal article. In cyberspace, the continuous change of technology and instrument bring forward challenge to the protection of the right to privacy. The Internet technology makes a strong impact on the right to privacy, which change the ambit between public and private. While the personal information brings economic value and efficiency to electronic business, the ideal of the right to privacy is being damaged. In the development of Internet, the call of "all win" seems beautiful, but it actually is false. We must protect such fundamental right and keep freedom.Due to the development of internet technology and the internet function, the situation of infringement to the right to privacy becomes worse. As to the infringement, there are several types: obtain and use of personnel information illegally, include the website, the hackers, the internet searchers and the government; disclose the privacy information in the internet; infringe upon the communication in the internet.With the development of the right to privacy, it has extended to the cyberspace. As to the internet technology, it is easy to collect, use the personnel information. In the cyberspace, the privacy information is valuable. The protection of the right to privacy does not only means the protection of the right to let alone, but also means the economic interest. For the need of privacy information, the right to privacy has the character of personality and property. To share the value of personnel information, the website, the hackers, the internet searchers collect the cyberspace personnel information without the permission of the person. With the infringement of cyberspace privacy, the people always encounter the situation of immaterial damages and properties lose.Due to the internet, the right to privacy in cyberspace does not only mean the personality, but also mean the economic interest. The holder of the right can acquire the economic interest if he shares the privacy information with others. In the cyberspace, the conflict between the need of information and the protection of information is heavy, we should make balance of it.As for china, we don not have the base of culture and legal for the right to privacy. Make reference to other countries and regions' legislation, we should make regulation for the right to privacy in cyberspace.
Keywords/Search Tags:the right to privacy, cyberspace, torts, legal protection
PDF Full Text Request
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