| In 1890,two famous justice scholars of the United States of America ,published their famous article ——《 The Right to Privacy》h at the fourth issue of 《 the Harvard Law Review 》,which announced the new age of the research method.More than 100 years in the last, the law protection of the right to privacy becomes the topic that numerous scholars began to study.Until in modern age,The Right of the privacy was just confirmed by the rule of law and its protection. .Nowadays most countries of the world all confirmed that the right of privacy in constitution and laws is an independent civil right. The main international human rights document,such as《The Declaration of Human Rights》 and《The International Convention of the Citizen Right and Political Right》all confirmed that the right of privacy is one kind of personality ritht and should protect it . But the development of internet and E-commerce has taken huge menace to people's the right to privacy. Therefore,the problems of the right to privacy attract more and more attention of the user of internet. On the base of analyzing the meaning of the right to privacy of personal data,the article points out the forms of infringing the ritht to privacy of personal data in internet and E-commerce at present. On the same time,using the measures that foreign countires have taken for reference,the article forward how to protect the right to privacy of personal data in internet and E-commerce according to the fact of our country. This article analyzed the network in various phenomenon that the right to privacy of personal data be subjected to infringe upon, drawing lessons from the related protection experience of foreign countries, and put forward to reply the measures to personal law of data right of privacy of network of our country.The full text contains three parts:the foreword, text and postscript, the text is divided into four chapter: Chapter one analyzed the network development to personal challenge of the right to privacy of personal data,in 21st century,the rapid development of the internet not only bringing numerous conveniences and benefitses for mankind,but also bring huge challenges for the right of privacy protection.Network ages, with the high-tech means, obtain to the others' privacy becomes easy to accomplish with invasion, the right of privacy of the cyberspace is much more difficult than the right of privacy of the physics space to establish to defend, more difficult to control.the Internet of the high-speed operation faces the increasingly serious information to reveal face to face to infringe upon the problem with right of privacy, personal data privacy encounters the incursion, intercept, distort, insert, delete, publishes, illegal make use of and other various threats of etc., so we must build up the safe system of perfect information, from the right of privacy that the law guarantees the citizen, boycott various illegality to violate.This part of points explained personal concept of data and the law characteristics, the related concept that combines other nations was also further to carry on the ritht to privacy of personal data and traditional right of privacies from the point of law . Chpater two elaborated flourishing nations in the world from the angle of the history and development, mainly the United States, the economic flourishing nation of etc. EU is in the right of privacy protection lawmaking of network ages. 《 The Data Protection Instruction 》of EU is the representative in the the right to privacy of the protection in the lawmaking in the electronic commerce There are two basic purposes of the instruction, basic one is the right and the freedoms that guaranteen natural person, basic two is to insure the information at the free fluxion of member.The United States is mainly adop the profession self- discipline policy to protect personal data right ofprivacy .The self-discipline method and the law method are the two main methods that protect the network right of privacy respectively, they each have advantages and disadvantages. Cha... |
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