The Civil Liability Of The Network Service Provider To Infringe The Privacy Right

With the development of society, the contents included by privacy rights and it’srange have gradually changed too. In the network environment，privacy rights aremore vulnerable, once they are violated, the influence of the resulting is large, and thedamaging is worse than general tort consequences. As one of the body in the socialnetwork, internet service providers (ISP) may increase the risk of privacyinfringement while providing related services. Scholars also study ISP’s liability andprivacy rights, however, they have different focus on the particular discussion. Whenthey talk about ISP’s liability, they like put it in two areas, one is net tort, the other ispersonality rights protection. As ISP, the study mainly include how identify ISP’sliability and the principle of liability. Privacy rights are only as a small part bementioned or even not be mentioned. Similarly, studies on privacy rights are justunder a large network environment with related legislation to analysis the issue ofprivacy rights protection, but the privacy rights in the network environment arespecial, this need us to study it within a smaller range. Although the study on the ISP’scare duty is relative mature, they are most based on copyright infringement. Copyrighthas property and personal rights, it is not entirely consistent with the privacy rights,the latter reflect a “negative” right, that is to say, it is not be freely discovered orspread; the former is a “positive” right, which require people to know and tounderstand. Therefore, the existing responsibility principles、elements and defensesare not fully applicable to ISP’s liability which infringement privacy rights, it needsfor a corresponding improvement in theory.Based on ISP、privacy rights infringement by ISP and ISP’s liability three aspects,combined with the relevant provisions of the existing law, this article analyzes thepresent situation of privacy rights infringement by ISP, including the responsibilityprinciple, components and defenses. And then puts forwards some questions, forexample, the concept of ISP is fuzzy, the responsibility principle is single and thedefense is fewer and its narrow scope. Thereby, the article proposes legal perfectproposal. This article is divided into three parts: the first part discusses the basictheory about privacy rights infringement by ISP, starts from the concept of ISP, thenintroduces the privacy rights in the network environment, at the same time, discussesISP infringes privacy rights action and its type. The second part analyses the existingrelevant theory and corresponding legal provisions, then points out problems in them.The third part, aims at the problems, bases on our practice and combines with the relevant provisions of foreign counties, proposes appropriate recommendations andmeasures to improve the law.