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Legal Protection Of Internet Privacy

Posted on:2007-05-17Degree:MasterType:Thesis
Country:ChinaCandidate:D M ShiFull Text:PDF
GTID:2206360212457971Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
The network right of privacy is refers to individual information privacy right of cyberspace. The characteristics of network environment, openness, virtual ness, paperless, provide the convenience for the network privacy right, cause the individual privacy right of cyberspace to confront with unprecedented challenge, and the object content of privacy right expands increasingly, the domain extends increasingly. The behavior body and way of network privacy right is diversified, the network privacy right infringement is uncovered, which its result is difficultly confirmed. All these increase the difficulty of protecting network privacy right. The legal, which protects cyberspace individual data and privacy right, should be strengthened, and it has become the urgent matter of international society network legislation. Our country existing correlation law or regulations adopt indirect protection mode that cannot powerfully protect the network privacy right.In view of does this, how to protect the right of privacy appropriately, and not to hinder the normal development of network, already become a key difficulty in course of which the various countries establish appropriate laws and regulations of protecting privacy right. Now, more and more countries attach importance to theoretical research about privacy right, and protect it through legislation and judicature, moreover this tendency is strengthening constantly. In our country, scholars start to research the privacy right lately; the relative legislation is not perfectly. So obviously, the further research about protecting the network privacy right will have vital significance to the future practice work theoretically as well as legislatively. Our country has the necessity to further consummate the legal regime of protecting privacy right through selecting the legislation pattern and designing law relief system of protecting privacy right.Therefore, this article has first analyzed the background which researches network right of privacy, has pointed out the goal and significance of researching, and also has analyzed the present situation of domestic and foreign research. Then we discussed the connotation, characteristic of the network right of privacy, as well as the network right of privacy violation characteristic, proposed the theoretical and realistic necessity about protecting the network right of privacy, proposed that we should take the traditional privacy right as the fundamental right, overcome the limitation about which traditional theory of privacy right protects the network right of privacy, so that we could protect the network right of privacy better. Simultaneously we introduced European Union legislation pattern and American profession autonomy pattern, and so on the overseas protection mode of the network right of privacy, and discussed the legal protection pattern which our country should establish. In view of present situations about which our country protects the network right of privacy, we summarized the reason which forms above situations, from three aspects including ideology, laws and regulations, profession autonomy. Also we discussed the difficulties of which our country protects the network right of privacy, and the principle which our country should establish for protecting the network right of privacy. According to our country's national condition, we proposed the conception which our country protects the network right of privacy, referred our country could strengthen the protection of the network right of privacy better, carry on the comprehensive protection to the network right of privacy, by legislation, network supervision and management, profession autonomy, raising protection consciousness. Finally, we proposed the questions that we need to solve in protecting the network right of privacy: how to confine privacy scope combining our country national condition and how to distinguish the different main body to protect its privacy scope.
Keywords/Search Tags:privacy right, the network right of privacy, right infringement
PDF Full Text Request
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