On The Protection Of Network Right Of Privacy

The rapid development of network technology to the political, economic, cultural, educational, scientific and technological fields have been profound changes to human life brought great convenience. It is almost omnipotent, people can make use of the Internet for information search, academic exchanges, send and receive messages and engaged in various business activities. Network known as the 20th century's greatest invention. However, the network brought prosperity to mankind and convenient, but also broke the time and space limits, to the formation of several years of human life and values brought great impact to all the activities of social and public glance, the civilization of mankind is faced with a naked feeling deprived. It resulted in personal information can easily be collected, used, and was endlessly reproduced and copied, in the wider area of open communication; users online activities can be easily tracked by a variety of software, recording and storage; hackers, Internet theft, Internet fraud, Internet pornography, Internet viruses, personal computers may also be introduced at any time, these people's families and individuals to live in peace is a big negative impact.Currently, the world's developed countries are from their respective national conditions and interests, through the development of different policies and adopt a variety of measures to protect their online privacy. China has joined the WTO, the domestic market and related industries opened up to speed up the network industry, and actively integrate into the global e-commerce market is inevitable. However, due to historical background, traditional culture and the impact of such economic development, awareness of the privacy of citizens generally weak compared with Western developed countries, the scholars of the right to privacy is also a late start, only just starting to focus on Internet privacy protection issues. So far, the China mainland is not a specific privacy protection laws, many Web sites and Internet service providers have not taken effective measures to protect the privacy of the user's network. In addition, China established in 1986, "Civil Law" does not provide privacy as an independent civil rights, but to be included in the scope of the protection of reputation, if the parties of Internet privacy violations, usually only in the judicial practice to ground against defamation proceedings. This situation can not adapt to reality of virtual social and civil society on the actual needs of privacy, will not be able to meet the ever-changing network of information technology and e-commerce development, if it can not be effectively improved, there will be transformed into new non- tariff barriers, a serious impediment to economic development of our network. Therefore, we must plan ahead, take active measures to build a network suited to China's national conditions privacy protection system to meet the needs of social development.International protection of privacy on the Internet there are two basic models: one is the legal representative of the EU regulation mode, the other is represented by the United States industry self-regulation model. EU model focuses on the use of legal means to protect privacy, the main way through government legislation to legally establish the network of the basic principles of privacy protection and the specific system, and this is basically to establish the appropriate relief measures. U.S. industry self-regulation model is more emphasis on self-regulation by the industry itself by taking measures to adjust the trade in personal information collection, use, exchange behavior in order to protect Internet privacy purposes. Two models have advantages and disadvantages, combined with our Internet Privacy Protection Status: In terms of legislation, protection of privacy laws is too fragmented, fragmentation, civil law nor the right of privacy as an independent personality, the scope of protection of privacy narrow, legal research is lagging behind; self-protection in the industry, the site's privacy statement exists in name only, no user participation in the development process, many sites do not even have a range of issues such as privacy statement, our country should adopt the "legal regulation-based, supplemented by industry self-regulation "model of network privacy protection of citizens. First of all, to improve the protection of privacy legislation on the network: the Civil Law will be personality as an independent right of privacy, privacy of separate legislation on the protection of the network to develop "Internet Privacy Protection Ordinance"; Second, to strengthen industry self-regulation so that it can and combine the organic law: site privacy statement should be established and strictly adhered to, network service providers, vendors, and other networks should be established to protect the privacy of the self-organization and standards certification organization, improve the network privacy protection technology software.In short, the complete network privacy protection is not achieved overnight, one by one and can be done only by industry self-regulation as the basis for the protection of the law, government, and network industries, public participation, many factors combine to form a complementary , positive interaction, to make citizens more effectively network privacy protection and relief in order to make Internet and e-commerce industry to develop faster and better.