Study Of The Privacy Of Legal Protection Under The Network Environment

With the fast development of technology of computer, information, and internet, the world has been transited into Information Age. The new culture based on internet has changed our styles of living, working, and doing business, which will obviously influence the development of human society and culture. However, the new culture has also brought the challenge to the protection of the right of privacy. Involved not only with individual, the internet corporation, even with the government, the violation of the right of privacy on the internet has become one of hot question in theory and practice. Many countries have take measures to regulate the behaviors on the internet in order that the right of privacy on the internet is protected. The deepened research on the legal protection leads to making the law of the protection of privacy.The law of the protection of privacy is quite late in China, much later the protection of privacy on the internet. It is a breakthrough that the right of privacy has been established as one of the individual's civil right in the draft of Civil Law. It is believed that the right of privacy on the internet is the individual's civil right and should be protected by law in this thesis. This thesis is to observe how to protect the right of privacy on the internet through discussing the basic theory, revealing the situation, the features and the ways of the violation of privacy on the internet, compared with the representative legal pattern in the world. This paper finally points out the suggestion for improvement of protecting the right of privacy on the internet.In chapter 1, this thesis first puts forward the concept, the contents, the features, and the ways of the right of privacy on the internet. It is believed in this thesis that the right of privacy on the internet refers to the individual data and information unwilling to open to the public, to the right of not being collected, published, violated, used individual personality. Compared with the traditional privacy, the ways of violating privacy on the internet are easier, clever, and more hideous, and the result is more serious.In chapter 2, this thesis is to examine the two classic patterns of legal protection, i.e. American self-contained pattern and European law-making pattern, with comparison of the advantage and disadvantage of each pattern. This thesis concludes that in view of the present less developed situation in China, we should make our own legal pattern of protecting the right of privacy on the internet in accordance to the Chinese characteristics, without borrowing directly.In chapter 3, this thesis is to observe the present situation of protecting the right of privacy on the internet in China. After reviewing legal protection in Constitution, Criminal Law, Procedural Law, Civil Law, and other laws, this thesis analyzes the characteristics of legal protection of the right of privacy on the internet and the conflict and consistence of the right of privacy and the right of knowing. This thesis concludes that we should first establish the pattern of legal protection of privacy on the internet before establishing and improving the legal system. In accordance to the Chinese situation, we should, based on the successful foreign practice, establish the pattern of giving priority to law-making pattern with reference to self-contained pattern.In chapter 4, this thesis is to deal with the legal protection privacy on the internet. It is concluded that as for the legal protection, we should first provide clearly that the right of privacy should be one of independent right of personality in Civil Law. Only after acknowledging the right of privacy should be one of independent right of personality could we further discuss the legal protection. This thesis also concludes that it should be provided in Civil Law the intention and the extension of the right of privacy, and the punishment of violation. This thesis further suggests that the law of privacy on the internet should be made to clarify the compensation of being violated and the legal punishment of violation in order to improve the legal protection.