Online Privacy Protection Of The Law

In the high science and technology environment with rapid change, it is the mission that science of civil law grows with each passing hour to carry forward people's entity and ensure the dignity of human personality, living freedom and individual rights not be infringed. The rapid development and extensive application of network technology have brought the new challenge to protection of the rights of privacy of people while bringing people convenience, swift life styling and enormous commercial interesting. In practice, the infringements on the net, especially the frequently happening of torts against the right to privacy of the network, make the legal protection of the right to privacy of the network become a hot question in the theory and practice. I think the right to privacy of the network is one kind of the personality right, which should get abundant protection in the civil law. Ensuring personal network personal secrets should not hinder the circulation of information for its crossing with personal information right. Proceeding from the science of civil law and information law, the author has described infringements and how to protect that user's right to privacy online by comparative analysis.This paper divides four parts altogether.The first part have mainly analyzed the basic theories of the right to privacy of the network and moreover, summarized torts and their components against the right to privacy on Internet. While the right to privacy of the network is defined, it should better explain the essence of the right to privacy and adapt itself to the development of the right to privacy of network. The right to privacy on Internet is a kind of open personality right, which refers to the private life that the citizen enjoys on the net and private information is protected in accordance with the law, not illegally infringed, known, collected, duplicated, utilized and opened by others. It also forbids letting out the sensitive information on the net that correlated with individuals, which including facts, pictures, defamations, etc. Compared with traditional right to privacy, the behavior of the right to privacy of the network usually takes place in the virtual cyberspace; it was user's security in the personaldata of cyberspace that was encroached on. The contents of the right to privacy on cyberspace have economic worth. The torts against the right to privacy of the network have popularized and technicalized day by day, the content of participation of Hi-Tech is relatively large so it is more serious to encroach on the consequence.Second part compared self-regulation in U.S.A. with legislative regulation mode of European Union, and analyzed legislative state about the right to privacy of the network in Hong Kong Special Administrative Region and Taiwan that is more similar with the culture background of our country. I think though collecting user personal data online have a lot of common grounds, while establishing the protection mode about the right to privacy of the network, must consider the difference of different national social culture background and values. The simple self-regulation will lead the network user to be difficult to get the prompt, abundant relief when the right to privacy is encroached on, and bring the negative effect on the benign developments of Internet and information industry correlating with it. Putting emphasis on adopting high-standard legal norm can achieve the goal of protecting personal right of privacy, but the excessive protection would bring the unnecessary hindrance to the development of the cyber economy. Only combining the two together effectively can ensure the freedom of the social information of the network to circulate and promote the development of cybereconomy while protecting network user's right to privacy.The third part mainly touches upon the current protection of the right to privacy of network in our country. The author distinguished the protective measures to right to privacy of the network adopted by relevant subject, and explained three kinds o...