Research On Legal Liability Of Privacy Right Infringement Under Internet Environments

With the rapid development of the electronic information technology, the internet has been extended to all areas of human activities since 1980's. So, the network has been as indispensable parts of human life. But the incidents of invasion of privacy under the internet environment rapidly develop and spread. Throughout the legislation in the advanced countries of the network information industry, every country has obtained some achievements about the establishment and the protection of right of privacy in the internet. In the most of advanced network legislation countries, the rights and the responsibilities of privacy in law have been more clearly defined. The determined responsibility of the invasion of privacy under the network environment can work well the cushion for the protection of right of privacy in the internet. The determination of legal responsibility and the definition of the body of law about the rights of privacy in the internet are more different and difficult in the context and the manifestation than the protection of the traditional rights of privacy. These problems indicate that the traditional system of privacy in modern society under the influence of context has been far from satisfying people's needs. It presents the trend of in-depth development and extension. Therefore the isolation and the mutation are imperative for all aspects of the traditional privacy under the current network environment.But in our traditional legislation, neither is the legal responsibility of invasion of privacy in the network set directly and approved, nor the specific way to undertake the legal responsibility exits relevant legislation, which led to embarrassing situations that the protection of rights of privacy and the punishment of the invasion of privacy in the network is no legal basis. Now since the introduction of Tort Law, privacy has been defined as the object of legal protection. The progress of this legislation not only lets us find a legal basis for the protection of privacy, but provides us an opportunity to study the tort of the online privacy and the relevant legal responsibility.It is this study's aim that the author hope to get the clear definition and classification about the law responsibility of tort of online privacy through the study of the traditional legal responsibility of privacy combined the specificity of online privacy. Simultaneously through this process we can find realistic basis for perfecting the legal protection of online privacy and work well the cushion to improve the law protection for the right of privacy in the internet. The main contents of this article includes analysis of legal responsibility on the traditional privacy, the constitutive elements of the law responsibility for the tort of online privacy, the specific analysis of the law responsibility of the body in the tort of online privacy, the specific way to undertake the law responsibility with the classification, and the suggestions of the protection through legislation for improving the online privacy finally.Though the specific formulation and analysis in this article, the author believe that our current situation of the tort of online privacy and the protection through legislation does not match, especially the research of the law responsibility of tort of online privacy. Some basic rules seem too general and single, which is not very good to deal with complex and diverse reality of the incident of tort of online privacy. In order to construct our state's the law protection system of the right of privacy in the internet, our priority is to sort and analyze the issues of the law responsibility of the tort of online privacy, which is the basic meaning and reason why the author chooses this paper about the study of the law responsibility of the right of privacy in the internet.