Study Of Privacy Tort Liability Of Website Operators

With the rapid development and the worldwide popularity of Internet, the protection of privacy in the Internet age receives a great challenge and a wide range of concerns. Under normal circumstances the main network privacy infringement is often the direct users, however, infringement from network operators has its particularity, especially in there indirect infringement, the definition of infringement and responsibility all have the relative complexity. However, tort liability from network operators lack systematic research more cases because of its indirect infringer position. Meanwhile, there are a lot of tort liability issues about network service provider discussed at home and abroad at present. However, they most concentrated in the areas of copyright infringement. The issue specializing in privacy tort liability of website operators is less. This article based on the network operator's point of view, research factors such as its violations of the privacy act defined and the principle of attribution,and how to deal with the balance between the protection of network privacy and the development of the internet industry. Believe that strengthening the research on issues about Infringement of privacy from the website operators have the theory and practice double significance.Firstly, this article introduce the basic concept of website operators privacy infringement,and elaborate website operators' definity and classification ,the meaning of internet privacy and its difference comparing with the traditional privacy. Next, the paper generalize various forms of the website operators invasion of privacy, and discuss the definition of privacy tort liability of network operators in practice. According to different functional categories of website operators the paper distinguish what tort liability should bear, thus clearly distinguish different duty of care. Secondly, in order to resolve the basis of tort liability issues,the third chapter focuses on the imputation principle of privacy tort from network operators, also detailed analysis the reason why use the principle of fault liability rather than the principle of strict liability. Meanwhile, the article also introduce civil liability and defenses on invasion of privacy from website operators.In expounding on the civil liability,article compares the different civil liability method and order between privacy violations and other violations, further reveals the special nature of the network privacy infringement. Finally, the paper summarizes the development process and the status of our legislation,highlights the special provision of tort law,and make relevant recommendations to improve internet privacy protection mechanisms.