The Determination Of The Tort Liability For The Right To Pirvacy In The Internet

The information in the network and technology in the era of rapid development,the network has become the essential part of the people daily life. As people on thenetwork dependent enhancement, network world has formed a new society, in thisnew field of people’s rights and obligations has also produced some new content. Thenetwork is a platform for the exchange of information, Daily circulation of largeamounts of information in here. At the same time, it also makes more exposure ofpersonal information under network, so the network privacy protection is becomingmore and more important.Compared with the traditional right to privacy, privacy under the networkenvironment has had many new characteristics. Privacy has a greater economic valuebecause of the rapid exchange of network information, people’s personal privacy ismore dangerous. At the same time the content and way of increasing expansion of tortwill cause more serious tort results under the network environment, the protection ofprivacy right face greater challenges.The basis of the Protection of privacy under thenetwork environment is The Determination of the infringement liability, to choose theapplicable law to determine the infringement liability, in order to achieve the mostreasonable compensation. According analysis of principles on the tort liability and theelements, study the tort liability of the privacy in network environment. List thecontent of the defense of the tort liability from opposite to Exclusion does not need tobear the liability.Network environment right of privacy is a basic right of personality, is the" tortliability law" protection category." Tort liability law" promulgate the privacy rights inthe law have been clearly expressed and protected for the first time," tort liabilitylaw" is only one of the defined privacy under the network environment infringementliability and the relief measures of law. So this choice in" tort liability law" in the context of network privacy tort liability and liability issues to explore." Tort liabilitylaw" thirty-sixth article is aimed at the protection of right to privacy on Internetrelated to specific provisions of this law, from general tort and the network serviceprovider two tort subject two angle set out, according to the different circumstancesviolations were identified as the direct liability or joint liability. But because of theprovisions of this article is only a matter of principle, so that the" tort liability law"thirty-sixth article in judicial practice there are some defects, it is difficult toaccurately determine the responsibility. Such as the" notice"," know" and other legalprovisions in the specific vocabulary cannot be accurately defined, will be on theidentification of the infringement liability produce tremendous effect. So in thisarticle, the author puts forward some opinions, attempts to" tort liability law"thirty-sixth article in actual application problem analysis and its correspondinglegislative proposals, in order to better reach under the environment of networkprivacy protection and relief.Under the environment of network privacy protection means is varied, but in theaspect of law formulate relevant regulations on the protection of is the most direct andeffective method. So the" tort liability law" thirty-sixth article content analysis andimprovement of both contribute to the terms apply, more help to balance the rights ofthe legitimate rights and interests and to promote the development of networkindustry the contradiction between, to build a harmonious and stable networkenvironment.