The Development And Legal Protection Of The Right Of Privacy In The Internet Age

The protection of the right of privacy is an extremely important and complex social problem which is quite crucial for realizing social harmony and maintaining social stability. Human society has entered information society in 21st century. However, the protection of the right of privacy under internet circumstance has been challenged much more seriously than ever before, while it also brings people' s life and career huge convenience. At the internet age, the content and methodology for the torts of the right of privacy has been given a different behavior compared with the past one. With people' s life entry of internet, the specialty of the torts of the right of privacy shows technology, concealment-oriented. The consequence of torts will spread more areas. Therefore, how to avoid the happening of the right of privacy torts shall be not delayed to give a proper solution in such an internet age. The study of the right of privacy starts later in our country and the protection law has been to use an indirectly way of reputation principles, instead of the professional the right of privacy' s legislation under the internet circumstance till now. This legal condition is not following with international protection level for the right of privacy and not chasing with the quick development of internet industry. So the writer realizes that the first task is to confirm the legal statue of the right of privacy and, on the basis of that, to research how the legislation structures the protective mechanism for the right of privacy under internet circumstance.This dissertation is consisted of four parts, which focus on the content of the right of privacy under internet age, methodology for the torts and discuss about the ways of protection.The first section is the introduction of the right of privacy. The right of privacy is an independent personal right that citizen himself and the dead one' s personal information can not be illegally required and publicized, and their personal life shall not be illegally offended, and personal determination shall not be illegally interfered. The writer separates the notions for the right of privacy under internet age from the one for the right of privacy before internet age. Meanwhile, at the basis of that, the writer analyzes and compares the right of privacy under internet age with the one before internet age.The second section is for the new problems of privacy under internet age. On this time, the main body of the right of privacy torts is more complex, and could be divided into the natural person (ordinary network users and "hackers" ), the provider of network service, the producer of software/hardware and the government or her authorized department. The kinds of the right of privacy torts become diversified and exhibit on illegal requirement for information, materials by internet; illegally exposing, spreading , using other' s personal information by internet; illegal network surveillance. Meanwhile, the internet shows non-country limitation brings harder to protect the right of privacy.The third section is the introduction of main countries' regulations for the right of privacy torts by internet. The international community has come to the same idea to enhance the protection of the right of privacy under internet circumstance. While, the practice expresses that different states have different preference. Totally, it could be divided into the model of industry-self regulation that is represented by United States and the one of law regulation that represented by European Union and Germany. This part will analyze and compare with those two models on their valuation and their advantages and disadvantages, in order to find something that our state might use for.The last section is the comment and legislated suggestion for the law regulations of the protection of the right of privacy in our country at present. The writer realizes that Chinese law for the protection of the right of privacy shall follow the "double-track" model, which makes use of the advantages for models of both industry-self regulation and law regulation, in accordance with successful experience abroad. There shall be a law protective system, which is around the core of people' s constitution rights protection and assistant with the protection of criminal law, administration law and litigation procedure law. For the system above, it shall actualize the direct protection for the right of privacy, which is based on the civil law and the confirmation of the independent personal right for people' s the right of privacy. And the authority shall issue a special law that covers for comprehensive aspects, for the protection of the right of privacy under internet circumstance at that base as soon as possible. Otherwise, in order to keep a harmonious internet, it also needs to reinforce the industry-self regulation on the websites, make citizens deeply understanding how to keep the right of privacy torts away and strictly run the personal information spreading as well as build the proper behavior morality on internet.