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The Protection Of Privacy In Network Environment

Posted on:2012-06-07Degree:MasterType:Thesis
Country:ChinaCandidate:Y LuFull Text:PDF
GTID:2216330371453426Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
With the progress of science and technology, network is in rapid development and wide use. Network, as a double-edged sword, brings convenience, efficiency and huge profits for the human being and also unprecedented challenges to privacy protection in the network environment due to its openness, freedom, mobility and occult. Network provides the technical condition for the privacy infringement and results in more ways and broader range of infringement. In reality, number of such cases for privacy infringement is gradually increased. The protection of privacy in network environment has become an important subject, which is not only related to the healthy development of the network, but also profound significance to the political, economic and cultural aspects.This article uses the method of combining theoretical explanation with comparative analysis, grasps the theories such as definition, characteristics and content of privacy in the network environment, causes of the privacy issue and behavior of privacy infringement, the problem of infringement elements and accountability. On the basis of study and analysis of worldwide existing network protection modes, this article presents that the privacy protection in China's network environment should rely mainly on legislation-based while making industry self-discipline subsidiary and also provides some suggestions. This article studies and analyzes this subject in order to establish and improve the legal protection system of the privacy in our network environment and also make our network economy in continuous and healthy development. The first Chapter outlines the definition of privacy and introduces its content and features, and then defines the privacy in the network environment and elaborates its main content and features, which is different from the traditional privacy, to lead to the necessity and specificity of network privacy protection. The second Chapter analyzes the causes and means of the privacy infringement in the network environment, which shows the traditional means of protecting privacy can not adapt to the privacy protection in the cyberspace. In addition, it detailed introduces four elements of the infringement behaviors in the network environment and how the liability subject takes the responsibility. The third Chapter discusses in detail other countries'protection modes of the privacy in the network environment, mainly focuses on the U.S.A mode and the EU mode, and also analyzes and compares these modes to provide us with the good experience. The forth Chapter, which is the focus of this article, detailed analyzes the current legislation situation of the privacy protection in China's network environment and main problems exists. According to the analysis of advantages and disadvantages of various protection modes in the third Chapter, based on our own national conditions, China should absorb the advantages of self-discipline and legislation modes and adopt a protection mode of legislation-based while making industry self-discipline subsidiary, and also puts forward the basic principles to the protection of privacy in the network environment and relative countermeasures and recommendations.The protection of privacy in network environment is a major systems engineering, which needs the combination of legislation, self-discipline and technology to make our privacy protection be more effective and our network economy step to a new level.
Keywords/Search Tags:Network Privacy, Tort, Compensation
PDF Full Text Request
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