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On The Legal Protection Of Network Privacy Right

Posted on:2014-01-08Degree:MasterType:Thesis
Country:ChinaCandidate:D YanFull Text:PDF
GTID:2266330422963945Subject:Law
Abstract/Summary:PDF Full Text Request
The rapid development of network information technology, the Internetpenetration rate is getting higher and higher, and gradually penetrate into people work,live, learn, has brought us great convenience, but at the same time, the rise anddevelopment of the network, in addition to having a global characteristics that makepeople more vulnerable to privacy violations, but also lead to extremely seriousconsequences. On the one hand, the network of freedom of speech is an extension of thefreedom of speech, of great significance; On the other hand, privacy is very importantfor the development of human dignity and personality. How to reconcile the conflictbetween the two major issues in theory and practice. Network on the Legal Protection ofthe right of reputation ", on the network privacy connotation, characteristics, subject toinfringement and against the performance of the elaboration of a comprehensive andsystematic, learn from advanced international experience, combined with their networkprivacy conservation status, put forward some suggestions about internet privacyprotection. The thesis is divided into the following sections:First,network privacy overview of its meaning and essence are described. TheNetwork Privacy belong privacy on the network extension in modern society has a veryimportant significance. Network concept of privacy in theory there is a dispute,one thatshould be included in the scope of privacy of information right to self-determination ", aview that information right to self-determination" should be an independent rights forthe information on the right to self-determination "Do you belong to privacy issues, Ianalyzed and put forward their own point of view:" information on the right toself-determination "should be included in the scope of privacy.Second,from the perspective of comparative law analysis of the European Unionand the United States about internet privacy protection mode. EU network privacy protection mode is protected by legislation, the law requires the public, includingbusinesses, government institutions must strictly abide by the principle of the protectionof the personal information. American model law in its network Privacy dominate thecontrary, the industry self-regulation plays a very important role. The European Unionand the United States in Internet Privacy Protection mode, the focus of the interests ofthe protection and the implementation of the mechanism are quite different.Third,China’s Internet Privacy protection and learn from. Analysis of the statusquo of China’s online privacy legislation norms and network control, network controlcertain criteria and limits to avoid interference in the network the main legitimatebusiness management, control efforts both to prevent illegal, but not so stiflecompetition as the standard, prevent overregulation network or network out of control.Infringes on the privacy of responsibility for network users, network users and networkservices based on the "Tort Liability Act," Article36, paragraph1, including two typesof invasion of privacy. Finally, analysis of the deficiencies and learn about internetprivacy protection.
Keywords/Search Tags:Internet Privacy, Freedom of speech, Network users, Network service provider, Tort Liability
PDF Full Text Request
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