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Legal Protection Of Internet Privacy

Posted on:2011-06-17Degree:MasterType:Thesis
Country:ChinaCandidate:H YangFull Text:PDF
GTID:2166330332979855Subject:Law
Abstract/Summary:PDF Full Text Request
In today's society, while more convenience is brought about by the network day by day, the specific property of network behavior makes privacy an unprecedented challenge. The so-called "Internet man hunt" in late days is an example to the point."Internet man hunt" refers to a community activity highlighting relationships among mankind by various means of finding, asking, linking, etc. through one another. It brings traditional network information accumulation ways into a new form by utility of modern information technology. In s sense, "Internet man hunt "is a mutual aid action of information sharing with high efficiency, meanwhile, it turns out to be easily to violate internet privacy right of civil persons.Internet Privacy right is to itself a privacy right with all the basic characteristics of the traditional right. It is an extension of privacy right under network environment. However, due to the virtual nature, openness, technical and digital features of network community, there is some differences in privacy scope, violation ways between internet privacy right and the traditional privacy right.The violation elements of "Internet man hunt" include privacy infringement, real damage, the subjective fault of perpetrator, causal relationship between conducts and the damage.The reasons of "Internet man hunt" violating internet privacy right include legal system, legal awareness of civil persons, efficiency and anonymity of internet inself.The main tort liability of"Internet man hunt" usually involves direct infringement person and indirect infringement person. Direct infringement person generally refers to the initiators, information publishers, and information collectors; indirect infringement person mainly refers to network service providerAt present, there are mainly three modes of protecting internet privacy, namely, industry self-regulation mode, technology protection mode and legal protection mode. China should integrate the advantages of the three modes and establish a comprehensive protection mode with legal protection the core, industry self-regulation the supplement and technological protection the backbone.Articles of privacy protection in our country are scattered in various laws, regulations, judicial interpretations and regulations, and there are many problems. To improve the protection of internet privacy, China needs to do the following work:to draft a comprehensive integrated network privacy protection law; to formulate other relevant special laws in time; to build standard conduct system of internet users and network service providers; to clear responsibility of privacy violation; to improve evidence preservation system.
Keywords/Search Tags:privacy right, Internet privacy right, Internet man hunt, violation element, protection mechanism of Internet privacy
PDF Full Text Request
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