Study On The Protection Of The Right To Privacy Of Network

The right of privacy is an important civil right. In China we can find some regulations about the right of privacy in , , but there are no any law that states this concept"the right of privacy"definitely. We usually write the right of privacy into the right of reputation. But the formation of the injury to the right of privacy is different from the formation of the injury to the right of reputation. Therefore, at present there are some shortcomings in the laws of the right of privacy and its protection in China, which we should consummate as soon as possible.Today comes information and network society. Our life becomes more and more comfortable, but at the same time the right of privacy has never been challenged like today. With the social life becoming more complicated and the network becoming more popular, we more and more depend on scientific tools. It's easier and faster to search for personal dada and reuse them. Personal privacy is exposed to the public more easily. Once our privacy is spread by network we cannot predict its spreading range. We consciously or unconsciously expose our privacy to the network for many reasons, which provide the possibility for invaders infringing upon our rights. Therefore, It's an important problem to how to prevent us from injuring personal private rights caused by the popularity of computers and the development of international network. Proceeding from the science of law, the author has described infringements and how to protect user's right to privacy online by comparative analysis.The article contains four sections. The introduction introduces the research purpose, significance, studying method and main content in this paper.Part one have mainly analyzed the basic theories of the right of privacy of the network and summarized torts about the right to privacy on Internet. While the right of the privacy of the network is defined, it should better explain the essence of the right to privacy and adapt itself to the development of the right to privacy of network. Compared with traditional right to privacy, the behavior infringing to the right to privacy usually takes place in the virtual cyberspace. It was user's security of the personal data of in the cyberspace that was encroached on.Part two the author compared self-regulation in U.S.A. with legislative regulation mode of European Union. The self–regulation will lead the network user to be difficult to get the prompt, abundant relief when the right to privacy is encroached on. This will bring negative effect on the benign developments of Internet and information correlating with it. Putting emphasis on adopting high-standard legal norm can achieve the goal of protecting personal right of privacy, but the excessive protection would bring the unnecessary hindrance to the development of the cyber economy. Only combining the two together effectively can ensure the freedom of the social information of the network to circulate and promote the development of cyber economy while protecting network user's right to privacy. The author analyzed legislative state about the right to privacy of the network in Hong Kong and Taiwan.Part three mainly touches upon the current protection of the right to privacy of network in our country. Our country doesn't emphasize the protection to the right of privacy of the network, so there was no completely legislative system about the right. The author believes that we should draws lessons from the foreign experience and unites the actual situation of our country to protect the right to privacy of the network.Part four establishing the protection mode of right to privacy of network is very necessary to set up and complete the legislative system that the right to privacy of network in our country. Considering the national conditions in our country and using foreign successful experience for reference, we should mainly adopt legislation regulation while complement self-regulation. After confirming right to privacy an independent personality right, the legal protection system is progressively formed with constitution for the core, civil law as the focal point, the auxiliary with criminal law, administrative law. For some special infringements of the right of the right to privacy on the network, the especial legislation could bring flexible and convenient protection to the civil right of privacy on Internet. In addition, it's important to solidify self-regulation and carry out international cooperation.