On The Legal Protection Of Privacy In The Network Environment

Many new characteristics for the private right have appeared under the environment of Internet, such as , the expansion and datalization of the object of the right, the appearance of Personal right and expansive property value for the quality of private right, more complicated private content, more intellectual and obscure infringing means and more harmful consequence. Therefore, new contents of private right are developing : the collection right for the private information on Internet (including the right to learn the truth, the right to choose, the right to control), the requirement right for safety of private information, the right to limit the overuse, the right to obtain the profit from private information. Subsequently, the infringing means to private right has been changed. Private information is opened on Internet without authorization. System is invaded to collect information or capture, copy electronic information transferred by others without authorization. Computer viruses are created and spread. Junk Emails are sent out by commercial companies. Private information is also illegally gained and utilized through IP address and Cookies. Equipment provider inspects users' private information and Internet Service Provider encroaches on the privacy of the owner directly or indirectly.There are two different international methods to protect private right on Internet. One is legal protection mode, which is adopted by mostEuropean Union Members. The other is American trade self-discipline mode. According to Chinese judicial system, author suggests that to ensure the development of whole Internet information industry and the protection for private right of Internet user, the protection system for private right should be built up in China, which is mainly regulated by law and supported by trade self-discipline and policy guidance.