Network Privacy Protection In View Of Online Personal Data

With the development of networking technology, the living space of human is expanded, hence, the protection of personal privacy in network has been challenged. Network technology provides a possibility to invasion of privacy through more channels and areas, the impact will be much severe. Without efficient protection on privacy, the healthy growth of E-Commerce and the industry will be restrained. In some sense, network brings more deep contents into the conception of traditional privacy. The meaning of privacy has be developed from passive"privacy should not be disturbed"to an active"control own information", with the attributes of personal right and property right. To protect personal information data is the key factor in protecting network privacy. In abstractive, personal information data is an identical attribute system, which is connected with certain individual to represent the individual characteristics. In enumerative, network personal information data is arising from the network behavior to represent the individual characteristics, including personal basic information etc. As network is open, technical and digital, the protection on network privacy is much complicated comparing with the protection on privacy under traditional real environment. The measures to invade online privacy are also tending to be various. EU and US made some efforts in legislation to protect network privacy, while in China mainland, protection of privacy right is still regulated as a part of protecting reputation right, which are dispersed in several laws, regulations and judicial interpretations. In E-Commerce industry, some valuable exploration and endeavor were made to protect network privacy in enterprise's practice, those experiences could be used for our reference in considering to set up the policy to protect network privacy. First we may set up a right conception, legislation guidance and to balance the various privacy interests. Privacy, as a personal information, is not only useful to the private subject, but valuable to the society. It's necessary to promote the importance of privacy in our legal system, to confirm privacy is an independent personal right. Then, we may issue some judicial interpretations regarding network privacy protection. Thirdly, in some special areas, we shall constitute special laws, such as personal data protection, to explicitly state the right of the individual, the obligation and program for network service provider to collect, store, process, use and spread personal data as well as the legal remedy.