The Protection Of Network Privacy In China

Today is a network era, all aspects of life cannot function well without thenetwork, people are highly dependent on the network. However, the network is adouble-edged sword, people in the enjoyment of the network brought us convenience,have to consider the negative impact it brings people, which protect a problem morecritical is the network privacy issues. The more developed network, means andmethods of the infringement network right of privacy is more complex, thesecret.This article is divided into three parts.The first part discusses the definition, characteristics and basic content ofnetwork privacy, to have a comprehensive understanding of network privacy. Firstly,network privacy should be on the right of privacy under the network environmenthave a clear understanding of, the extension of network privacy is the right ofprivacy, is the right of privacy in cyberspace represents.It not only has thecharacteristics of general right of privacy, also has its own characteristics, such as theobject of network privacy range, high economic value, special tort subjectdiversification, special tort way and so on. Network privacy also have differencewith the traditional right of privacy.The basic content of the traditional right ofprivacy is to highlight the negative is not violated, but network privacy includesnetwork privacy right, choice, control and remedy rights such as the content of thepositive. These characteristics and the basic content of decision not only to protectnetwork privacy general privacy protection, the way should be taken way suitable tothe characteristics and content of can be effectively protected.The second part demonstrates the overseas for the advantages anddisadvantages of network privacy protection mode and its enlightenment to ourcountry. There was two kinds of typical of network privacy protection, one is adelegate with the industry self-discipline mode, another kind is the European Unionrepresented by the legal regulation model. The United States and the EuropeanUnion as the leader of the network technology, and the earlier the protection of network privacy to take the corresponding measures, and better results would beachieved. America has always advocated a free economy, so the network privacyprotection is mainly on industry self-discipline, without too much related law, thinktoo much legal norms will hinder the development of information industry; On thecontrary, the European Union countries pay more attention to the law, to enact lawsto protect the network privacy.Both America and the European Union are based onthe actual situation of their own choose the corresponding protection mode. But thelaw has the advantages of mandatory, authority and universality, with hysteresislimits, stability, stiffness etc; Industry self-discipline such as flexibility, technicalcharacteristics, but its shortage is not mandatory, more need to rely on people’sconsciousness and morality.It enlighten us that we can’t separate two protectionmodes have the best effect, we should complement each other, comprehensive use oftwo kinds of protected mode.The third part demonstrates how should protect the network privacy in ourcountry. Information industry develop fast in recent years in our country, but in thenetwork right of privacy has not caused too much attention to the protection of therelevant laws and regulations, industry self-discipline measures effective and ego toprotect consciousness is not strong enough. Although scattered in the administrativeregulations, local laws and regulations stipulated clauses pertaining to the protectionof network privacy.But generally is for one aspect of the general rules, is notcomprehensive and effective protection of the complicated network privacy tortissues. I myself as the author of the paper, include the analysis of network privacyand understand and profit from the overseas two kinds of typical protected mode,according to China’s national conditions and the status, think our country should betaken to the protection of the legal regulation of mixed mode.We should payattention to two kinds of protection mode, in various fields to take different effectivemeasures.