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The Right To Privacy In Cyberspace-The Role Of Website

Posted on:2005-09-18Degree:MasterType:Thesis
Country:ChinaCandidate:B H JinFull Text:PDF
GTID:2156360122985376Subject: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 somereasons, the right to privacy is not adopted as a personality right in ourcivil law. If the right to privacy is infringed, the court will give civilrelief according to the right to reputation or common personality right.It is bad to protect the right to privacy without legal article. Incyberspace, the continuous change of technology and instrument bringforward challenge to the protection of the right to privacy. The Internettechnology make a strong impact on the right to privacy, which changethe ambit between public and private. While the personal informationbring economic value and efficiency to electronic business, the ideal ofthe right to privacy is being damaged. In the development of Internet,the call of "all win" seems beautiful, but it actually is false. We mustprotect such fundamental right and keep freedom. As to the situation of the right to privacy in cyberspace, the websiteplays important role. The government that infringed the right toindividual privacy in the past is out of our view. With the developmentof Internet technology, the website has play important role in theInternet society and has been the key to protection of the right toprivacy. Firstly, the website plays important role in the Internet informationtransmission as a new media. The Internet is open to everyone, anyonecan leave message on the Internet with access to Internet. Of theinformation, some may infringe the right to privacy. The problem ishow website deal with such information, the feasibility of edit andcontrol. The decision of court is not inconsistent. Make reference toother countries and regions' legislation and the particularity of Internetinformation, the website is charged with fault obligation. The websitehas no obligation to check the internet information in advance, but if itfind information involved infringement and illegal, the website shouldstop and delete such information. The website should be charged withamends unless it know information is illegal. Secondly, the website collect and use the Internet personalinformation. With the development of internet technology, the websitecan easily collect information which only the government can finish.With the help of cyberspace scout software, the website can easilycollect information. The activity of the information collect should beregulated. With the slogan of electronic business, personallyinformation has been important economic resource. Cyberspaceinformation has the character of privacy and economy, the cyberspaceuser and website should set up mechanism of the right to privacy incyberspace. To deal with the problem of protection of the right toprivacy, we has set up several protection mechanism, which contains:the website policy of the right to privacy in cyberspace, theauthentication for the right to privacy, personal privacy preferenceplatform. Such mechanisms of the right to privacy all have advantageand shortcoming. We should evaluate such mechanisms and make useof them. Beside the cyberspace information, we should pay attention to theimpact of garbage mail to our life. The electronic mail plays importantrole in the cyberspace, we need peace in cyberspace. The garbage maildestroy the order in cyberspace and disturb the cyberspace life.Relative to the cyberspace user's weakness, the website should takemeasures to stop the transmission of garbage mail and keep the peaceof cyberspace. As for china, we don not have the base of culture and legal for theright to privacy. Make reference to other countries and regions'legislation, we should make regulation for the right to privacy incyberspace.
Keywords/Search Tags:the right to privacy, cyberspace, website, nformation, Garbage mail, legal protection
PDF Full Text Request
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