The Civil Law Protection Of The Right To Privacy In Network Environment

With the development of computer technology and the popularization of the network, we create a fourth environment—the network environment, which differs from the physical environment, the chemical environment and the biological environment. In this invisible environment, the digital flow reflects the interpersonal relations, including personal relationships. Human beings are enjoying the convenience brought about by the network technology, at the same time, all the time facing the risk of privacy from prying eyes. When the technical expansion conflicts with the privacy, the needs of the legal balances are appeared. Therefore, in the network environment, an increasing number of countries, particularly the developed countries have strengthened the importance of privacy infringement issues and relevant research, and have taken appropriate measures. By contrast, it is later to research the right to net privacy in our country, the relative legislation is imperfect, and many tort behaviors cannot be impeded. This paper chooses to study the civil law Protection of the Right to Privacy in Network Environment. We first try to explore measures to protect the privacy in network environment, from a legal point of view ; Secondly, to clarify the concept so as to attract people's attention and develop further research to privacy issues in the network environment. Therefore the further research on protecting the right to net privacy will have vital significance to the future work.This paper includes five parts. In chapter l, from the introduction of the traditional privacy definition, the first part explains the concept, characteristics of online privacy, as well as its material rights, and analyses the right of online privacy in theory. In chapter2, this thesis first summarizes the tort of privacy on the internet. Compared with the traditional tort of privacy, the ways of violating privacy on the internet are more intellective, and more hideous, and the result is more serious. In chapter3, this thesis is to examine the two classic patterns of legal protection, i.e. American self-contained pattern and European law-making patterns, with comparison of the advantage and disadvantage of each pattern. In chapter4, this thesis is to observe the present situation of protecting the right of privacy on the internet in China. After reviewing legal Protection in General Principles of The Civil Law, Tort Liability Law, and other laws, this thesis analyzes the characteristics of legal protection of the right of privacy on the internet and the conflict and consistence of the right of privacy and the right of knowing. At last, according to our history tradition and cultural background, we investigated the shortage of the existed law to protect the right to privacy on internet. Based on the external experience, the pattern which is mostly based on legislation and secondly on self—control of protecting the right to privacy on internet and several advice are also pointed out.It is worth of noting that network privacy is a big human research project in 21^st century and the future. The government,public and technicians should make their efforts to it. Necessary institution should be planned in aspects of ethics,law and technique use.