The Privacy Protection System In The Network Environment Study

The right to privacy is one of the fundamental rights; protecting the right to privacy is an essential requirement for the purpose to achieve individual and social harmony, social stability. In our country, protection of the right to privacy has not been legislated perfectly; we protect the right to privacy as the right to reputation or the general personality profit. But with the technology of electronic computer and the Internet developing rapidly and applying widely, our lives are influenced by it in depth. But the conflict between network and reality has been emerging gradually. Among them, the issues about privacy infringement in network environment have attracted more of our attention. So it's important that we study the protection of the right to privacy deeply, especially on how to protect the right to privacy in Internet.The author draws lessons from advanced experience abroad, then based on elaborating the status quo of Chinese network development and the protection of the right to privacy, finally, bring some suggestion that how to protect the right to privacy in our country.This paper includes five chapters:Chapter one is discussing the essential theory of the right to privacy and the development of the right to privacy in internet, summarizing the concept, the characteristics of the right to privacy. It also explains the impact of internet on the right to privacy. The right to privacy in the internet is the stretch of the traditional right to privacy, it has the same character as traditional privacy, but it has new characters.Chapter two is discussing the tort of the right of privacy in internet. First, it analyzes the behavior of invading the right to privacy in internet from the object of the tort; then analyzes the specific types of invading the right to privacy in internet: private information is opened in internet without authorization; computer viruses are created and spread; Junk Emails are sent out by commercial companies; private information is also illegally gained through Cookies and so on.Chapter three analyzes of elements of Privacy infringement and legal responsibility should be assumed, in addition to civil liability, there is the administrative responsibility of criminal responsibility.Chapter four makes an approach to the patterns on protecting the right to privacy in internet by comparative analysis, and then discusses two mail protection patterns: industry self-discipline pattern in America and legislation pattern in European Union. It also discusses the division and co-ordination of the two patterns, Self-discipline is propitious to protect our privacy, and it is benefit to the development of industry, but without legal imperative measures, the right to privacy in the internet can't get effective protect; Legal protection is propitious to protect our privacy, but it always contuses the enthusiasm of industry. Lagging law will hamper the development of network technology and bring economy negative influence sooner or later. The author appraises two protective models abroad concerning the protection of the right to privacy in the internet in comparative ways, pointing out advantages and disadvantages of the two protective models, then summarizes the lessons can be drawn from the two patterns by our country.Chapter five mainly treats of constructing the comprehensive protection system of the right to privacy in internet in our country. First of all, through expatiating the importance of protecting the right to privacy in the internet, we can find out the deficiency of protection of the right to privacy and the right to privacy in the internet 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 an independent right in civil law. We protect the right to privacy as the right to reputation or the general personality profit, but they are different in main body, character, adjustive area, protective measures. Certain departments of our country enacted several laws, treating of the protection of the right to privacy in the internet, but they are too principled and blurry and are not suitable to be practically executed. Finally, the author puts forwards some suggestions on how to draw lessons from the foreign experience to construct system of protecting the right to privacy in internet in accord with the situation of our country.