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Research On Legal Issues Of Personal Data Torts Under The Network Environment

Posted on:2011-02-20Degree:MasterType:Thesis
Country:ChinaCandidate:X Y LuFull Text:PDF
GTID:2166360305463549Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
The 21st century is the era of networks and information era. Internet network has been in our production and life to show the growing importance of its position and role, to the people's production and life brought great convenience, which saves cost, but also improve efficiency. Meanwhile, the application of the Internet has brought many problems, in which the network is one important aspect of tort. The Internet, digital, paperless so that information on the network in the form of data, thus violating the network data behavior is not uncommon, particularly in the network violated the most serious acts of personal data.Scholars of personal data on the network a number of theoretical issues of infringement there is a big difference, in which the network of personal data against the object of tort issue is a focus of scholars argue that the problem affected not only the network of personal data a number of specific characterization of violations, but also impact on the infringer's commitment to tort liability. Discussed in cyberspace through the existence of many acts of violation of the network of personal data can be drawn in the real violation of the network of personal data not only violate the interests of the data subject's personality, but also against the interests of the data subject's property; Therefore, the infringer acts of violation of the network of personal data not only to bear against the personal interests of tort liability, but also bear against the property interests of tort liability. However, due to our theory, industry and the relevant legislation by the traditional ideas that the infringement of personal data is purely acts of infringement of personality rights, so the relevant legislation in our country, for the protection of personal data protection of the right to use more personal way, there are many flaws. It is necessary to improve our country's relevant legislation, regulations, in particular, should improve the network of personal data tort liability system in order to make the Internet a large number of existing acts of violation of personal data to be held accountable, protect the legitimate rights and interests of the data subject.
Keywords/Search Tags:personal data, internet infringement, Responsibility Principle, the privacy of network
PDF Full Text Request
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