The Study Of Protection Of The Right To Personal Data Privacy In The Internet

With the development of Internet, the protection of the right to privacy is menaced than before, and tort action for invasion personal data privacy in the network is getting more and more serious, which has hampered the progress of electronic commerce and network economy. So it is necessary for the right to personal data privacy in the network to be protected, when the special privacy law is not drawn up in our country. The article formulates the right to personal data privacy in the Internet from four parts in details, it richens the protection system of the traditional right to privacy from foundation and development, and fills with lank space of theoretical researchs concerning the right to personal data privacy in the Internet to the certain extend. The first section of article demonstrates specific signification of the right to privacy,the right to privacy in the network,the right to personal data privacy in the Internet,personal information,personal individual identifiable information and personal data and I draw up my new ideas: the right to personal data privacy in the Internet is the important part of the right to privacy in the network and the stretch and development of the traditional right of privacy, whose core is the control of personal data. The object of the right to personal data privacy in the Internet is the privacy data, including personal individual identifiable information and other new information. At the same time, I draw a chart of the relation to the basic concepts. The second section of article shows invasion's present situation of the right to personal data privacy in the Internet and the characters of encroachment. The author studied and analyzed a lot of cases, and make conclusion that there are many encroachments during the course of collecting,analysis,transmission,use and storage personal data. Passing through analyzing these cases,the author made the characters of invasion: diverse and complicated main body, technical and concealable way, enlarged object, serious consequence. The third section is one of the important parts of the article. The author analyzes protection's present situation of the right to personal data privacy in the Internet from five aspects, using the method of investigation to survey the ten types of the net station and using the charts to count and analyze the survey data, in order to reveal the true condition of trade self-discipline. The author appraises two models abroad concerning the protection of the right to personal data privacy in the Internet in comparative ways, point out advantages and disadvantages of the two models, and how to use it. The forth section of the article is the focal point of the article .Through analysis and synthesis, and considering foreign useful experiences, the author constructs the comprehensive protection system of the right to personal data privacy in the Internet from macroscopic, midscopicand and microcosmic angles: the first, in macroscopic levels, reinforce the build of moral self-discipline in the network and establish perfect legal protection system. The second, in midscopicand levels, make clear the principle of combining government's management with network industry's self-discipline and make specific measures. The third, in microcosmic levels, enhance the data main body's self-protection,data user's technical protection and the management function of government institutions. Only in this way, we can make the right to personal data privacy in the Internet protected in all aspects.