The Protection Of The Right To Privacy In The Networks

The regulations on the right to privacy of many countries of the world are developing with the era. The right to privacy changed from a right in the constitutional law to a right in the civil law. Many kinds of information included the privacy went into the net, and kept flowing with the other data resources.The networks and the information techniques have had so many advantages in communicating data, such as one could receive electronic informations from abroad quickly as getting them from the neighborhood; many networks in different countries could be linked up; many types of information, such as the sound, the visual image, the word and so on, could be exchanged as data; and the exchanging process is very quickly and low-cost... But these all became the disadvantages to the privacy data.The objects of the right to privacy, the personal data, the personal territory and the personal activity, were being injured by many different subjects in the networks. The physical space could not play the rule of the last protection any more in keeping secret data from spreading. And the emphasis of the right has to change from the negative and passive side to the positive and initiative side.After we observed and compared the legal protection pattern of the right to privacy of many countries, especially that of the USA and the European Union, and in the base of analyzing the present situation of our country's protection system of the right, the paper promoted that the ideal legal protection frame should includedthe personality law, the tort law and the special law to protect the personal data in the networks. We should look upon the right to privacy in an ever-lasting view, strengthen the personal ability to control the communication processing of the data, and protect it in both the technical way and the legal way, and in the end, to open up a path which could combine the legislation with the formal self-discipline rules within the network service trade.