The Legal Protection Of The Rigth To The Internet Privacy

In the current society, the information technology is developing quickly, the popularization and application of internet bring about much expediency to the life, study and intercourse of the people, at the same time, it also expound great challenge about the right to the privacy of internet. For this reason , Every nation in the world utilizes the law, system and relevant prescript to precept. This article expend situation and feature about invading the right to privacy integratedly, by drawing lessons from theories and practice of fornige courtyies and incorporating current situation of our country, bright out my suggestion.The full text contains four sections ,The fundamental substance is as follows :The first section explains the traditional privacy and the new feature that is in the network environment. First of all ,1 propose the except of pricacy and the right to the privacy. It contain three aspects: First, the right of control, utilization and behalf to indivaul date; Second, the right of disguise to the individual private life and privacy; Third , the right of maintaining individual life territory not to be infringed.The privacy in the network is different from the traditional privacy ,it has much new feature . Main possess : First, Magnifying of privacy protection .In the network environment, the private behave the individual data ( individual message ), including name , sex, stature, race, blood tape, health , adress and so on; Second, twifold of privacy nature .Traditional theory is oridinarily thought that the privacy is a kind of independent personality right ,but in the network environment, it has the cy of the property right .Becourse the target-the individualdata which has trade value, thus it is able to be gathered .utilized even to bought and sell;Third ,complication of privacy content. Traditional privacy mainly expresses one kind of negative right , but in the network , it even more expreses one kind of energetic right, chiefly consisting of governance authority and injury redress authority to individual data .The second section induce situation of infringing the right to the privacy in the network . The main embodiment includes three respects : About the glean of individual data , consisting of invading communication content (The common matter is that "Hacker" deter and rewrite the mail to infringees the confidential communication of other people or the ISP illegally transfers or closes illegal) requiring consumer to supply unduly detailed individual datum ,the malevolent following and analyses (It usually use the browsing technique -"Cookies") and intruding into computer system and so on;About the utilization of the individual data,unappropriate unsuitably revealtation, dissemination and the use for the management ("the second development and utilization of the individual data", manager gather and dredge individual data coming from the net, so as to get valuable information and then apply to the production again) which are the common measure; About the transaction of the individual data, main expresstion consists of exchange, purchase and sale of individual datum .The third section introduces the protection system pattern of network privacy in the U.S.A, the European Free Trade Association and the other country in the world ,then give the evaluation.I. The U.S.A : Pattern of trade restriction. On the individual datum protection , The U.S.A does not stand for dispensing more pressure and the obligation by means of rigorous legislate , but network compony and estate compony draw up action pointer and privacy standand for bringing the paradigm. The most significant at the moment profession autonomy patternhave two kinds : the proposal profession direction and authentication program to the network private.II. EU : Pattern of the legislate precept. It is different from the U.S., the European Free Trade Association stands for takeing the rigorous protection criterion, moreover, sets up particularly the commission , proposes the demand to the else country which is regard to ele...