Thesis On Legal Protection Of Privacy Under The Internet Environment

The value of privacy has seen a growing and widely concern and pursue. Dramatic development of Internet technique has added new contents and characteristics on privacy and has widen the object scope of privacy. Government, as the dominant intruder of civics' privacy, is much harder to restrict, especially the development of E-government, has broadened the invasion range of the central power. This thesis will focus on discussing how to regulate central power invasion on privacy. The thesis comprises preface, which explains the background of the meaning of the privacy study, and six parts.Chapterâ… introduces the definition and right attribute of privacy--the basic human right. According to this attribute, privacy is defined to be the eminent and mastery on individual domain and private existence information unrelated to the public interest. The Internet era has added new characteristics and attribute to privacy, that's from tradition personal right to information autonomous right.Chapterâ…¡Privacy, as a basic human right, constitutionally, is a basic right that could and should be restricted. This part introduces the definition, aim and reasonable ambit of privacy restriction, and defined its reasonable ambit by combining the foreign constitution prejudication and legal criterion. In addition, the privacy restriction of central power missionary are specially discussed.Chapterâ…¢mainly introduces the types of privacy invasion of central power.This thesis, analyzing countries' relevant legislation and cases, concluded the types of invasion as following: first, illegally gathering personal information; second, illegal open personal information; third, invasion from the government Internet information security monitor; Fourth, other types of privacy invasion of central power.Chapterâ…£The protection of privacy should first revealed on the legislation level. The legislation of privacy protection of countries represent a country's privacy system. This part systematically analyze the privacy protection legislation all over the world: first, analysis on American privacy protection legislation; second, analysis on European privacy protection legislation; third, analysis on Japen privacy protection legislation.Through the predication and legal analysis of the privacy development of countries that has comparatively mature privacy protection, privacy measures and methods are concluded as following: first is the constitutional and legal protection of privacy; second is the self-discipline of the public power organ sections. Third is the judicial review over public power organ when privacy are intruded.Chapterâ…¤summarizes the status quo and existed problems of the privacy protection in China and gives related suggestions and advices,combining the privacy protection experience of the advanced countries and related cases in China. The assumption on improving privacy protection in China proposed in the thesis is : first, identify the constitutional status of privacy, and reinforce the specialized legislation on government invasion on privacy; second, consummate the almgiving system on privacy administrative appeal, mainly the almgiving on administrative reconsideration.Third, establish the censor system of the constitution violation of judicial authority, and realize the almgiving for privacy administrative appeal of civics.The conclusion of the thesis is privacy is a basic human right that should be protected by one country's constitution and laws. Multiplex potency need to be involved to regulate the invasion conduct by government and its staff, in order to realize the privacy protection. Study on the government invasion of privacy can help enhance the constitutional and legal status of personal privacy, and also can help foster civics' consciousness on right and responsibility, which is propitious for the supervision and restriction on public power.