The Legal Protection Of The Right To Privacy In The Network

In the network, the right to privacy is not a new type of legal rights. In essence, after the content and acts of infringement of privacy are affected by the network, powers and functions of the right to privacy in the network made the corresponding adjustment in the law. At the same time, because of the present special situation, in the network in our country, the legal protection of privacy right has some different from other countries. "Human-powered search", "chicken", etc. the unique invasion of privacy phenomenon of our country becomes more frequent. Therefore, the field of law has the necessary to make the protection system for the right to privacy in the network.To solve the problem of legal protection inadequate of the privacy in the network, the most ideal way is to legislate in connection with the reality of the legal protection of privacy. The law is perfect, and works in the nationwide. In the law, clear the subject of the right, clear the rights and obligations of the main relations between, and strengthen legal responsibility. Has been improved so that the protection of privacy.This paper is divided into four parts:The first part, summarize the privacy and the right in the network. This part is the theoretical basis of the whole thesis, the part mainly describes the concept of privacy and the history of logic, the relationships between privacy and privacy right, and the essential attribute in the network. The formation and development of the concept of privacy is the result of many factors. Privacy reflects social ideology timely, reflects individual needs to protect the privacy illicit secret state and private peace. And the birth of privacy enriched the personal freedom. The essence of privacy form demands from moral to law. So-called the right to privacy in the network is the extension of traditional privacy, and it is the special requirements of the protection of privacy that derived from information.The second part, analyze the current situation of privacy in the network in China. This part analyzes how to protect the right to privacy in the network. It mainly introduced some tortuous acts about privacy in the network in China at present, within the existing law's framework Chinese citizens can accord to the conduct of the invasion of privacy to relief, and aim at the invasion of privacy act in the network that we can make some legislative activities. Analysis invasion of privacy at present in China's Internet, mainly including: the behavior of collecting and storing the personal information illegal, the behavior of making personal information on public illegal, the behavior of using and selling of personal information behavior illegally. This part enumerated in the judicial practice under the network environment the mainly illegal basis of privacy protection in China, and the tort law graft which is deliberating about supplementing some of the invasion of privacy in the network.The third part, in the network, the protection of our citizens privacy laws exist the main problems. Based on analyzing the current situation of the privacy protection in the network in China, summarized the problems in the social life, and about the main problems of protecting of privacy laws in the network.First, there are two aspects problems in the legislative links. On one hand, our privacy is adjusted by several sectors commonly, privacy laws protecting system is not perfected. On the other hand, the way of protecting the existing laws has drawbacks. Privacy of China takes the way of indirect protection. In the legal document, related the citizen privacy rights with the content of the right of portraiture and right reputation, when privacy of Chinese citizens suffered infringing, they only can make judicial relief on the grounds of corresponding with the right of portraiture and reputation, leading to privacy doesn't have full protection.Second, under the environment network privacy laws in judicial process is difficulty to obtain evidence and tort subject could not be ascertained. On the one hand, in the network, the legal lawsuit for the right of privacy has large amounts of electronic evidence, thanks to the Internet have open, liquidity and interactive features, the electronic evidence exists difficulties to obtain. This will increase the difficulties for general party to obtain and preserve evidence, even the end all possible means also cannot obtain evidence, even the general party uses all kinds of methods that also could not obtain the evidence. On the other hand, because of the Internet has strong subjectivity, such as in the network, the user's name, identity, social relationship... all can be subjective, thus increasing the judicial judgment about the tortfeasor and the legal responsibility of difficulty, also increased the possibility of losing.Again, in law enforcement, due to the lack of corresponding laws and regulations, in the network, the behavior of tort is mainly administrative supervision for management in China. In China, administrative supervision itself has shortcomings of policy, so in the network when we supervise the tort, often appear control dynamics not discretely. In a period of time, for some reason, the administrative authority enhances enforcement, network tort within a certain range contain effectively, when the prominent of the reason is lower, the enforcement of administrative will abate, network tort will overflow.The fourth part, in the network, construct Chinese citizens the law protect system of privacy.The emergence of network, expanded the scope of privacy, enriched contents of privacy. Privacy suffered from infringement more severely under the network environment, and social influence is more widely. Visible, traditional privacy Therefore, in the network, it is urgency and necessity for special legislation to protect the privacy. Special legislation designed to eliminate the protection of traditional privacy laws in legislative has many drawbacks, at the same time, the behavior of the invasion of privacy makes concrete and effective adjustment. Legislation should have the following contents: admitted the independent ownership in the network; and confirm the privacy of status of ownership of enterprise and legal person, definite in the network the privacy content of object, definite the privacy rights in the network; definite the tort liability of tortfeasor, increase recognition of electronic evidence and related content.Of course, the law is the only way and method to protect privacy rights in the network. We also want to pay attention to strengthen network users and providers' consciousness of self management, moderately readjust the supervision enforce of the administrative organs, increase the media education campaigns. Only then, in the network privacy can get more comprehensive protection.