Online Privacy Protection Of The Law

With the development and popularity of the Internet technology, the protection of privacy is facing huge challenges. And the natural defense of privacy is fast disapearing because of the opening of Internet. How to protect privacy Internet is becoming an important issue with the more and more fierce infringement of Internet privacy.Besides the preface, there are four parts.Part One: The basic theory of Internet privacy. This part is began with traditional privacy. Then the author synthesized the meaning and feature of privacy and pionted out that the privacy has the character of evolution. Traditional privacy belongs to category of the right of personality whose object includes personal activity, peasonal information and pensonal domain. The pivot of the right is negative noninterference. On the other hand, the Internet privacy has the character of property whose main form is personal data. The pivot of the right is active control and use. The Internet privacy has become a kind of basic right in the Internet era.Part Two: The infringement of Internet privacy. Three questions are discussed in this part. First, the behavior categorgies of infringenment of Internet privacy. There are three main forms which indudes illegal collection of ponsonal data, illegal use of other person's data, the infringment of other people's private life. Second, the concrete form of infringement. The Internet privacy can be infringed by e-mail, electric business and hacker. Third, the civil liability of infringement of Internet privacy. The principle of bearing legal liability is negligence principle which demands a neligence in the torler's subjectivity. Then the constituents of the principle and the fonns of liability arediscussed.Part Three: The protection of Internet privacy in forein countries and the comment about it. There are two protective types of Internet privacy. One is called self-regulation which is represented by America and the other is called legal protection which is adopted by Canada and EU. Each type has its advantage and disadvantage.Part Four: The legal protection and construction of Internet privacy in our country. After the over all analyses of current situation and existing deficiency of the legal protection Internet privacy in our country, the author thinks that our country has not constructed a perfect legal system of the privacy protection and the privacy has not become a dependant right in civil law. To construct legal system of Internet privacy in our country is necessary and urgent. Both the two types mentioned in Part three should be adopted in our country's legislation about the protection of Internet privacy.