Study On Civil Protection Of The Right To Privacy In Network Environment

Under the traditional environment, the protection of the right to privacy is verynecessary, and it appears more necessary in network environment. The legalprotection is not perfect in our country’s current social environment, the protection ofthe right to privacy is a challenging task, although the Tort Liability Law in China putthe privacy as a personality rights, based on the phenomenon of the privacy revealedby internet users, make people realize the protection of the right to privacy in networkextremely urgent. More significant for us is to provide a more effective and feasibleprotection measures in civil law.Because the network’s virtual, openness, technical, digital and a series differencefrom the realistic environment is not only the network privacy security problemsource, but also the most direct and the most fundamental problem of theinfringement of privacy in network. Therefore, the protection of the right to privacyin network will face more serious challenges than in actual environment. To this end,countries have taken the corresponding protection modes. The most representative isthe Self regulation in the United States and the Legislative regulation in TheEuropean Parliament, the United States in order to maintain the development ofnetwork information technology industry, promote national economic growth, hastaken a relatively free and easy Self regulation. The European Parliament, on theother hand, tend to use administrative and judicial relief to stem the infringement ofthe network privacy, through legislation to effectively combat it and to protect thecitizens’ right to privacy better, compared the two protection modes, although the Selfregulation is beneficial to promote the network information industry, this kind ofloose environment is tolerant to network service providers, is likely to weak theprotection to network consumers, hurt consumer right and it is hard to reflect justice.Otherwise the European Parliament’s Legislative regulation can through legalconstraint network operators and other participants, but this kind of lagged behind thedevelopment of the network model, hinders the development of network informationindustry. By discussing the advantages and disadvantages of the two modes, combination with the current privacy protection under the network environment inChina, we should take the Self regulation and to regulate the comprehensiveprotection mode of combining both to strengthen the privacy protection legislation,under the network environment should also be from the perspective of industry,technology and so on to protect citizens’ right to privacy under the networkenvironment. Network environment is different from the characteristics of the actualenvironment, but also on the way the traditional tort liability in our country are putforward the challenge, to provide users with more effective right remedy measures, inthe field of the protection of the right to privacy under the network environment weshould impute the ban in Anglo-American law system, the benefit compensation rulesof Tort Liability law, take fully utilizing our unique way of responsibility toapologize.