The Protection Of Network Privacy Right From The Perspective Of The Constitution

The agricultural era, the way people communicate it is oral or letters,transmission rangeis limited, but the arrival of the industrial revolution, the productivity and science andtechnology has been promoted greatly, strength enties around the world, but at the moment,the connection is range is limited and the higher. But with the coming of information era andthe network size explosive expansion of the network model, traditional production life theway it is conveniently and rapidly replaced, information transmission range is wider. Butwhen people enjoy the convenience brought by the network, individual privacy is moreexposure in this platform, makes the individual privacy in public to become more transparent.For example, the website as long as the use of "cookie"technology can easily obtain the userwithout the knowledge of the mail privacy.Nowadays, the phenomenon of network tort isincreasing, people on the protection of privacy seems difficult, and started on the protection ofprivacy in China late and has not yet become a required independent right in civil law, onlythe "tort liability act" in the provisions of its rough, but compared with the western developedcountries, our country regardless of in the theory or the provisions of the law on the right ofprivacy which are far behind, so, when the people the right of privacy in can’t be protectedeffective relief. Especially the rapid development of electronic commerce, international tradeexchanges increasing, the network right of privacy protection of citizens in e-commerce hasbecome an important part of the development of electronic commerce, but at present in ourcountry the legal protection of Internet privacy right and monitoring problems, when citizensin network privacy being violated in need of protection, if you want to seek legal protection itis extremely difficult, which is a big obstacle to economic development in China, highlightedChina’s network security there are significant hidden danger, and this problem by westerncountries use and as a powerful weapon against our pressure. Coupled with the recentSnowden event and British intelligence agencies use the Internet network to steal user videodata,millions of chat, photo scandal broke, the uproar. To solve this problem, in2014theestablishment of the network security and information leading group of China,marking China’s network security issues as one of the most urgent problems China strategy. A part ofnetwork privacy and network security, so it is important to strengthen the protection ofnetwork privacy right has been imminent.As one of the basic human rights of citizens the right of network privacy, the constitutionhas the relevant provisions on the network right of privacy, but in our country, the protectionof privacy on the Internet is facing many obstacles. In this paper, based on the existingtheories, the comparison method, first of all,domestic and foreign scholars on the networkright of privacy definition, thus the concept of the right of privacy should be clearly, secondly,to make clear the necessity of Internet privacy right protection in constitution, as theimportant theory basis. Finally, from the right of privacy in the development of all countriesand the legislation on the protection, compared with its national conditions, and based on theanalysis, put forward some suggestions and opinions on the constitutional protection ofnetwork privacy right in our country, the right of privacy to the constitutional level.