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The Legal Protection For Individual Privacy On Internet

Posted on:2006-11-14Degree:MasterType:Thesis
Country:ChinaCandidate:D WangFull Text:PDF
GTID:2166360152485002Subject:Law
Abstract/Summary:PDF Full Text Request
The development of the Internet technology has impacted people' life strongly. The opening and the freedom of the internet challenge the protection of right to privacy unprecedentedly. The infringement of the right to privacy is prevalent. How to improve the situation in order to protect the right to privacy fully become becomes a problem being badly in need of solution.Besides the preface, there are four parts.Chapter one The introduction of the right to privacy on internet. The author narrates the fundamental conception of the traditional .right of privacy, introduces viewpoints of some authorities, synthesizes the meaning and feature of privacy and the meaning and feature of right to privacy, illustrates the content of privacy and right of privacy in detail, analyses the differences between the right of privacy on Internet and the traditional right of privacy, regards that the object of the right of privacy on Internet has changed: the individual data information in life has become part of the object, holds that the protection of the right of privacy on Internet has largely influenced the development of the Internet.Chapter two The constitution of responsibilities about the infringement to the right of privacy on Internet and main infringements. In this chapter, the author probes into the constitution of responsibilities about the infringement of the right of privacy on legal principle, illustrates it includes: fault, fact of damages, illegal act, cause and effect. Then, the author illustrates main forms of the infringement to the right ofprivacy on Internet. Misusing Cookies in order to collect individual data about others is a question at issue. This software gives a lot of convenient to the Internet user ,and in the same time , some companies use it in maliciously collecting individual data information. Many companies install monitor software on employees' computer in pretext of the daytime management. It is really a threat to the privacy of the employees. Many people do the same operation on others' computer out of their own ulterior motives. As the main means of so-called "hacker", the Trojan software is a true threat to individual privacy. E-mail has many merits: convenient, fast and cheap etc. But E-mail is by no means a safe form to communicate. It is liable to steal and tap.Chapter three Legal protection on the right of privacy on Internet and comparing The content of this chapter is the introduction about some law on the protection on the right of privacy on Internet in abroad stressing on the legislation of EU and USA. EU adopt the pattern of protection which is leading by government. This pattern is advantageous to protect the right of privacy, but liable to impair the development of the Internet industry because of the stiff law. USA adopt the pattern of self-governed by the Internet industry in purpose of improving the Internet industry. Due to in short of effective means of punishment, this pattern is not good at protecting the right of privacy on Internet.Chapter four The legal protection on the right of privacy on Internet in china and some adviceIn the chapter four, the author presents the legislation situation about the protection on the right of privacy on Internet in china. In fact, we cannot deny that there are not full protection on the right of privacy. The right of privacy is still not a independent human right. There is not systematic legal protection in china. The legal protection on the right of privacy on Internet is still gap. This situation is not coordinated with the rapid developing Internet industry. The author provides the reason why china need to a full legal system to protect the right of privacy on Internet. And then, the author gives some advice about the legal protection on the right of privacy on Internet., regards that to legally protect the right of privacy on Internet, we should draw lessonsfrom other countries and base on our conditions in legislation. The pattern which with government leading as dominant measure and self-governing by industry as auxiliary measure is suitable to our country.
Keywords/Search Tags:the right to privacy, Internet, legal protection, self-governing
PDF Full Text Request
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