On The Protection Of Network Right Of Privacy

The rapid development of Internet provides people much convenience, but alsopresents a bigger challenge for the protection of the right of privacy, information isfrequently leaked. So far there is on specialty legislation on the protection of thenetwork right of privacy in our country and the profession self-disciplinary is notperfect, the network user’s consciousness to the protection of rights needs to bestrengthened. So structure perfect system on the protection of the network right ofprivacy is necessary. Besides preface and epilogue, this article altogether is dividedinto four parts:The first chapter discusses the network privacy.Through the analysis of thenature and the concept and the content of the network privacy, it is defined. Pointingout that the network privacy is not an independent concept, it is a concept derivedfrom the traditional privacy. It means that citizens under the network environment hasthe right to disclose and use their personal information, personal activity and personaldomain.It is compound right which includes personality right and propertyright.Secondly, this paper analyzed the characteristics of network privacy. Comparedwith the traditional privacy, the range of network privacy is wider, it mainly showitself as data; network privacy has much more property content and more economicvalue.The ways of tort are more diversified and secluded, the consequence of theinfringement is more serious. Thirdly, this paper expounds the necessity of theprotection of network privacy.It indicated that protecting network privacy is necessary for the protection of individual rights; it is necessary to promote healthydevelopment of the network and the rapid development of the electronic commerce: itis necessary to promote the international communication and meet the needs of thechallenges of globalization.The second chapter introduces the infringement of the network privacy and theconcrete manifestation of the infringement. There are four factors you can use toassume the network privacy tort results from the manifestation of tort damage faultcausation four aspects to assume the infringement: tort, harmful consequences,causality. fault. There are two ways to behavior to encroach upon the network privacy:the infringement of the personal information and the infringement of the personalterritory.The third chapter analyses the status of protection for network privacy in foreign countries. It mainly introduces the industry self-regulation model led by US and the model led by Europe and United States legislation and has made a comparison about the advantages and disadvantages of these two models. It points out that although industry self-regulation model is flexible to adapt to the needs of society, lacking of mandatory which can’t form a strong constraint for network practitioners. The legislation dominant model does have strong constraint. However the stability of law has led to its lag which can’t better adapt to the changes of times. Thus, the protection of our country’s network privacy should combine the flexibility of industry self-regulation and norms of law to make more reasonable industry standards under the guidance of law.The fourth chapter describes the status of China’s internet privacy protection and puts forward advice to improve our internet privacy protection system.It focuses on the strategy to establish a comprehensive network privacy protection system. China’s protection of network privacy is mainly indirect protection.The legislation of it is dispersed which has no specific legislation. Also, the development of industry self-regulation is not mature. This paper presents recommendations to improve network privacy protection system. It is mainly elaborated from four aspects: to establish a comprehensive legal protection system, topromote the development of industry self-regulation, to establish specific networ k privacy protection organizations and to improve the awareness of network users.