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Legal Protection Of The Right To Network Privacy

Posted on:2013-04-23Degree:MasterType:Thesis
Country:ChinaCandidate:Z Z ShaoFull Text:PDF
GTID:2246330395962949Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
Network associated with the appearance of virtual space, the relationship between people and the network to become increasingly close. Network in our daily life and work to bring great convenience at the same time, we also make the privacy of the i ndividual to experience being stolen and exposure risk. Therefore, compared with the traditional right of privacy, network privacy concepts also emerge as the times require. The network right of privacy is refers to the citizen in the network to the private lif e of peace and personal data shall be protected by law, are not illegal infringement, knows the collection, copying, disclosure and use of one kind of personality right, ca n be understood as the right of privacy in network extension. With the rapid develop ment of network technology and popularization, the infringement of network privacy e vents emerge in an endless stream, the majority of Internet users in the network priva cy right is facing from the network threat. In view of our country’s legal network pri vacy protection in the gaps and shortcomings, how to effectively protect the network privacy right has become an urgent problem.This paper will from the following several aspects:the first chapter, the network right of privacy are outlined, from the introduction of traditional privacy concepts, lea d to network the concept of privacy as well as its characteristic and content, and the network right of privacy the object scope. The network right of privacy features mai nly in the following aspects:first, network privacy of the object scope has expanded significantly in the trend of. In second, the right of network privacy positive all-round development. In third, the right of network privacy tort means of technical change a nd diversification. In fourth, the network right of privacy infringing content generally relates to economic aspects. In fifth, the network right of privacy infringement conseq uences affecting a wide range of. The network right of privacy’s content mainly inclu des the network user’s right to know, right to choose, control and security request rig ht. Network privacy of the object scope is mainly personal data, personal information, and other information relating to personal privacy. The second chapter, the infringem ent of network privacy right duty. First introduced the infringement of network privac y imputation principle, discusses the principle of fault liability. Followed by the introd uction of network privacy right in constitution, including fault, tort, the harm consequ ence, causal relationship. The tort part will focus on. The third chapter, the infringem ent of network privacy’s responsibility. First introduced the network right of privacy t he responsibility main body. Followed by the introduction of responsibility main body responsibility type which to have. Finally this paper introduces the network right of privacy’s responsibility. The fourth chapter, China’s network privacy protection insuffici ency and improvement. The first pointed out that China’s network privacy, network pr ivacy and contains insufficient claim protection insufficiency, lack of legislative protect ion, the lack of judicial protection and related measures to protect the lack of four as pects. Again on the foreign network privacy protection mode of comparison and refer ence. Finally aimed at these shortcomings, this paper proposes how to network privac y right protection in China were improved, including the right of network privacy rig ht protection, the perfect legislation to protect the perfect, the improvement of judicial protection and relevant measures to improve the protection.
Keywords/Search Tags:Internet privacy, Internet service provider, Network user
PDF Full Text Request
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