The Privacy Protection In The Network Speaking From The "Human-powered Search On Network"

The development of the Internet is so rapidly and it spread at an alarming rate, it brings us great convenience and also the unprecedented challenge on protection of privacy presented.This paper is instructed by the case of"Death blog"and cut from the topic of"Human-powered search on network",in order to discuss the context and lack of privacy protection in the network in existing law,then make recommendations accordingly.In this paper, a total of more than 30000 words,it is divided into four parts:The first part is the case introduction and legal considerations,and it lead to think about the privacy protection in the network by accounting the case of"Death blog"and"Human-powered search on network"briefly,then raising the need for privacy protection in the network.The second part is the elaboration of privacy protection in the network, it include that defining the content and analysising the characteristics of privacy protection in the network.To author's point of view, Internet privacy includes personal data, personal activities and the private sector etc, to protect the Internet privacy in the network,it should be concerned with the features of privacy and characteristics of acts of invasion of privacy,the protection model also should be adjusted accordingly.The third part is the reflection on the breakthrough and defect of privacy protection in the network in existing law,first of all,reviewing briefly on the protection of privacy in the judicial practice of China before "Tort Liability Act", then interpreting the provisions on privacy and infringement in the network in"Tort Liability Act",and proposeing the defect of privacy protection in network under existing laws: the scope of privacy is not clearly defined; the balance of privacy and other rights in the network is incongruous; the typing of main body of infringement in the network is not enough refinement;the provisions of Internet service provider liability are defective and the responsibilities are too heavy;the privacy protection among different subjects did not be distinguished.The fourth part is an important part of this article, namely, the system vision and recommendations of privacy protection in the network.The author advocates the adoption of legislation regulating major-principally, supplemented by self-regulation, technical protection systems and the police of networks,to compare comprehensive protection of privacy in the network.In author's opinion, First, the legislative guiding principle is to seek the balance among the right to know, freedom of information and the privacy in the Internet. Second, the legislative response to different subjects as the divide. As the subjects of privacy infringement in the network are complex and diverse,therefore it need different provisions to deal with the respective obligations and responsibilities of different subjects, For example, the initial releaser of information and the general public Internet users should be treated differently.The Internet service providers are the hub of information transmission in the network,it plays a vital role in information interaction and development of the network, therefore, Internet service providers should be the core of responsibility system of regulating the network behavior, what can effectively regulate network behavior.Third, the legislation should distinguish between the different privacy protection of subjects, the children's right to privacy in need of special protection, while it should be limited in protecting the privacy of public officials and figures who are non-government officials in order to achieve equality of privacy protection effectively.