The Legal Protection Of The Right To Privacy In Cyberspace

Abstract The arrival of the network time has provided us the convenient way of collection and dissemination of information. At the same time, the individual privacy in cyberspace actually receives many threatens from various aspects, and the protection of privacy right suffers the unprecedented challenge. The privacy right of network is a new kind of personality right, which came into being with the development of the social economy and the appearance of the network. Temporarily our country still treats the privacy dispute with violation to the reputation right as the indirect protection way, the Supreme People's Court confirmed this many times through the judicial interpretation: exposing and publicizing the other people's privacy belongs to the behavior of reputation right violation. Therefore, strengthening the protection of privacy right in internet has already becomes the urgent matter of all the countries in the world.With the methods of concept, analysis and the comparison, this article divides into six parts to conduct the research to the hot topic of network privacy right.The first part is the outline of privacy right. The privacy right is a kind of person's personality right to control his individual information , private activity and domain which has nothing to do with the public interest. The subject of privacy right is the natural persons and the object is the privacy. The content of privacy right has three aspects: the first is the authenticity and the secret; the second is the dominating power; The third is its protection shall be limited by public interest.The second part is the outline of network privacy right. The concept of network privacy right has different definitions from general and narrow. The general definition refers to the person's personality right on quiet life and legal protection of private information without illegal infringement, acquaintance , collection , use and open by others in the process of network interflow. But the narrow sense of network privacy right only refers to the individual data information existing in the network. The most difference with the traditional privacy right is that the carrier is mostly data, the compound right with personality attribute and the property attribute, the infringement consequence is serious and the violation behavior's universalization and technicalization.The third part is the situation of network privacy infringement. The infringement subject of privacy in the network domain may by divided into the natural person, the network service provider, the software and hardware merchant ,the government department and its authorized organization. The manifestations of network privacy infringement include the gaining, using or disclosing others'materials illegally, infringement with email and illegal monitoring with the network.The fourth part is the constitution condition and civil liability of network privacy infringement. The subjective condition of network privacy violation is existing fault. The objective conditions include injuring behavior, the material harm and the spiritual harm, and the causality between injuring behavior and the harm fact. The compensating standard of civil liability for spirit damage can be adjudged according to the value of privacy interest, consequence of the spiritual damage, the nasty degree of violating behavior, the admitting manner after implementing illegal behavior.The fifth part is the comparative analysis on the protection of network privacy in the world. There are two kinds of protection mechanisms: One is the profession autonomy pattern, the other is the pattern restricted through legislation, then Compares the fit and unfit of these two kinds of patterns so as to establish our country's protection mechanism of network privacy right; Through analyzing the insufficient on the network privacy right in China。The sixth part is the thought on consummating the protection system of network privacy right in our country. In view of the backwardness and the insufficiency on the protection of network privacy, this article suggests to establish the comprehensive protection systems of network privacy through establishing the protection mechanism, which is taking the legal rules and regulations primarily and the profession autonomy and the policy as the auxiliary, confirming the basic principle of network privacy protection law, consummating the relative law, strengthening the network technology security, strengthening the surveillance to the public authority of government.