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The Civil Code Protection Of Network Information Privacy

Posted on:2010-01-05Degree:MasterType:Thesis
Country:ChinaCandidate:T WangFull Text:PDF
GTID:2166360275960506Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
Although it is a short period of the popularity to the extensive application of computer and network technology,the rapid development of the Internet is a mass depth in the civil world.At the same time,increasingly appears serious phenomenon of infringement on Internet privacy.The infringement of internet privacy is becoming a largest legal issue in the network world.And then,there is a great socially significance that on the base of the development of the economy to discuss and study how to protect the right of network information privacy.This paper is based on privacy infringement,mainly focus on China's infringement on the privacy protection.and study the origin of privacy right's development,it is a start to explore the appropriate protection of the respect for human rights and specific laws on privacy customized information privacy to the Internet work.However,at the age of the traditional Privacy and the network information privacy is different,and I also listed the current network information on the specific form of privacy infringement,compared with this issue both at home and abroad on how to protect this privacy and listed the methods and the development trend of the international protection.The author is trying to give the preliminary recommendations and legislation to protect the this right on the base of civil law concept,derived the corresponding possible options in order to improve the structure of China's civil law system.This article includes four parts:Partâ… :Privacy's origins and its development.Through the angel of United States tort law and the constitutional protection on the right privacy,and also offering the analysis on the constitutional protection and civil law protection on the right to privacy,explain the origin and development of the privacy right,study the theoretical basis for the traditional privacy and its research significance,and then,from the tort analysis point of view on how to give a security system on traditional privacy right.Partâ…¡:the emergence of information privacy right and its legal system.Analyze the limitation of the protection on traditional Privacy right,and also analyze the limitation about the content and the protection approach on traditional privacy right in the network age.Try to give a new meaning on the emerging information privacy,and from the autonomy to control perspective on the nature of the right to information privacy the development,also from the personal interests expansion to the property interests on the privacy right,give a further definition on the nature of the right to information privacy.Finally,studying on the information privacy right protection mechanisms.From the protection of privacy of information,and also mainly from tort law and property rights aspects of the nature in two studies,combined with the privacy laws to give a particular draw with the corresponding conclusions.Partâ…¢:on the situation of the specific circumstances of the Internet age,the author lists a variety of network information right's infringement.While the network information privacy increasingly highlighted the economic value,the personal information is as a business tool that has became a large number of the collection,always been tracked.Or even be sold as a commodity.Personal communications privacy have been violated repeatedly,and information has been surveillance network.Privacy right in the arrival of anonymous people at the same time that in a sense of security by the free speech.Rights have been infringed up on the situation.The author also analyzes the reality of privacy anonymous basis and how it is to against the status.Finally,also cited the development of new technology to hurt the privacy right and against to the causes and patterns.Partâ…£:Looking at China's emerging civil law protection on privacy right,and the history of the development process in all,suggesting a clear right to the privacy rights of the type of nature,considering that privacy should be an independent civil rights that to be protected by the Civil Code,and then,further defined that in the Network times,the nature of the right to information privacy.Finally,to give a combination of protection of privacy on the network status,and drawn on that how the extra-territorial legislation to protect the privacy mode,Then,trying to give a corresponding recommendations and the possible ways on the protection of information Privacy right.
Keywords/Search Tags:Privacy, Information Privacy, Network Information Privacy, Infringement, Protection of Civil Code
PDF Full Text Request
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