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Privacy Tort Liability Study Of The Network Environment

Posted on:2011-07-18Degree:MasterType:Thesis
Country:ChinaCandidate:X X GongFull Text:PDF
GTID:2206360305959114Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
Internet makes people's lives much convenient,but it maybe infract people's right. Right of internet privacy is infracted continually in recent years. People pay more attention to how to confirm the liability of infracting right of internet privacy. It defines the concep of right of internet privacy to study tortious liability. Internet privacy is body right, which natural person has private information, private internet space and private living not infracted by others.The right of internet privacy includes right to know, right to control, right to dominate and right to utilize et al.Its object includes personal data and internet trace. It has some characters,for example, Wide object, positive power, large economic value and ao on. The particularity of the internet environment makes impact and consequences of infringement worse. The constitution of tortious liability about right of internet privacy is confirmed by principle of fault liability. The constitution includes subjective fault, tort,damage,causation.There is some tort,for example, disclosing or disseminating balefully private information, intruding others' internet space, scouting or prying private information, collecting lawlessly private information and vending it.The damage includes moral damage and property damage.There are five tortious liabilities.Those are cessation of infringements, extension of apology,elimination of dangers, compensation for losses, elimination of ill effects and rehabilitation of reputation. Some conditions can use to deraign tortious liabilities,for example, self-defence, party consent, victim intent, government official action etc.It distinguishs condition of undertaking tortious liabilities form exception.That can vindicate personal right and balance the relation,which is between protection of privacy right with development of internet.It tries to offers some theory to solve tortious liabilities of the right of internet privacy under internet environment in China.
Keywords/Search Tags:right of privacy in internet, tort, liability, deraignment
PDF Full Text Request
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