Dissertation About Protection Of Civil Law For Personal Information Privacy Under Network Environment

The more developed the material civilization is and more modern the methods of transmit in medium is, the more people need to retain the peace of his inward world only belonging to himself and the pacific environment separated from the blatant out world. Along with the advent of network era, this need seems more important. A person's privacy will be infringed in virtue of spread of his personal information through the network by others, or acquirement, use or unjust disposal of his personal information in network without his consent, so the emphases of protection of privacy in network has began to transfer to protection of personal information. It is a urgent question that how to use the personal information in network rationally and bring its great valuation as well as ensure privacy not be infringed. To this question, a lot countries and INT have adopted protective measure of different level, but China does nothing.Although above-mentioned questions have already give rise to recognition of academia and been a hot point in jurisprudence field, but few scholar study the issue of personal information in shape of privacy under network environment systematic, author pays attention this question, and on the basis of the reasonable definition of personal information privacy under network environment, compares and analyzes the protective mode of different countries, makes every effort to find a protective mode of personal information privacy under network, which will be suitable for practical situation of our country.The object of this dissertation is protection of network personal information privacy in civil law. And this dissertation, approximately thirty-five thousand words, is divided into four parts.Chapter one is manly about summary of personal information privacy, on the basis of explanation of the concept, character, classification of personal information, analyzes the relations between personal information and privacy, and then makes a deeper study on this relations under network environment, last, reaches a conclusion that the protection of information should be brought into the category of protection of privacy. Meantime, the author define that this dissertation only discusses the personal information in shape of privacy, and holds that the appellation of personal information privacy should be adopted.Chapter Two lists, comments and analyzes several typical protective measures of personal information privacy, and then puts forward a mode which suits for our country, namely, the main method shall be legislative regulation and the lesser is business self-discipline, and privacy in level of active meaning shall be a legislative base of protection of personal information.Chapter Three carries on research to the question of the specific content and invasion power of personal information privacy under environment ,the first section explain the content ,the second section illustrate the mode of the power invasion .the third section ,from the angle of power protection to discuss the liability of the collecterChapter Four legislative conception of the institution of personal information in shape of privacy establishment. Propose should first define the independent status of privacy rights in the civil code, then establish the special protect law of personal information in shape of privacy .In order to explain clearly,the necessarily of special legislation principal ,basic principal and regulation of collection exploit on personal information ,expect to be good for legislation in the future .