The Research On Privacy Protection Under The Network Real-Name System

Network real-name system has become an inevitable trend in the developmentof Chinese Internet; however the implementation of this system has both positiveand negative effects on the protection of privacy rights. Network real-name systemmeans in the digital information networks, the network main body must show theirpersonal identifications or other real information to register, and then they canobtain the qualifications of the related network activities through the users’ identitymanagement system. Privacy right is an independent personality right, under theenvironment of network, specifically means that natural person has the right toself-determination of his individual space and his personal real information innetwork society and the natural personality right won’t be affected by illegalintrusion. This illegal intrusion includes not only illegal gain, collection, andopenness, but also illegal use. Studies on how to protect privacy under the networkreal-name system have the significant values in protecting human rights, keepingbalance between public rights and private rights, maintaining public orders andbuilding up a harmonious society.The Internet has some features such as globalization, openness and sharing etc.People can widely enjoy the Internet society more freely than the realistic society,including the sharing freedom of mass information and freedom of speech, so thecase of infringing privacy can be found everywhere. In order to regulate Internetenvironment, and to protect people’s basic rights from infringement, the networkreal-name system has been carried out. But at the same time, the implementation ofnetwork real-name system brings challenges to the network privacy protection in theaspects of collecting and protecting information, assuring information diffusionrights and acquisition rights, taking the responsibility of revealing the informationand almsgivings.Because of the society, legal system, technology and ideology and other aspectsof reason, the protection system of network privacy under the network real-namesystem faces many problems: the owner will loss control of their personalinformation, the information controller and processor’s lack of responsibility, theconflict between public’s rights and interests and private’s rights, the segment ofpublic area’s protection mode and private area’s protection mode and the riskaversion of information cross-border’s transfer etc. Only the system itself has improved and the privacy protection has strengthened,can we fundamentally solve the above problems. First we must implement networkreal-name system carefully and scientifically, then under the network real-namesystem, we must build the privacy protection from three aspects, which are,legislation protection, perfecting supervision and unimpeded relief, establish aprotection system that can harmonize the network real-name system and privacy, andmake the benign interaction between them.