Font Size: a A A

The Legal Protection Of Privacy Under Network Environment

Posted on:2015-03-06Degree:MasterType:Thesis
Country:ChinaCandidate:Y R WangFull Text:PDF
GTID:2266330428980530Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
With the development of the science and the technology, the network becomes a part of the life of human beings. The Internet brings the convenience to our life, however, it also challenges our privacy.The network privacy right is not a new right. It just the reflection of the traditional privacy right that arises on the Internet. It means the rights of private life peace and personal information protection that arise on the Internet. In essence, the network privacy right is the same as the traditional privacy right. However, it has some new charaters. Under the network environment, the carrier of personal privacy mainly relects in data, the scope of privacy is expanded, the economic function of privacy is enhanced, the specifis form of tort is different from actual environment. Besides, the privacy infringement problem is more complicated. The issues of privacy laws conflict and the jurisdiction become more prominent.The subjects of network privacy tort includes network users and network service provider. As long as the infringement of privacy through the network, any natural person, legal person or other social organizations can be as tort subject to assume corresponding responsibility. As for the types of network service providers, mainly refers to technology service providers and content service providers. Network privacy protection object mainly includes:personal information, personal affairs field, personal activities on the Internet, the Internet communication privacy and the peaceful life under the Internet environment. The content of network privacy including positive privacy and negative privacy. The positive privacy is about the web users to use and control of personal information, that is personal right to actively control and dominate his own information. Negative privacy is mainly about protecting privacy from illegal collection and open, that is the network users accessing to the personal lives of peace. The network privacy right includes the right to know, the right to control, the right to use, safety request right and the right of relief. According to the infringement behavior motive, network privacy tort can be divided into three types:the infringement in order to realize the economic interests, the infringement in order to meet the interest and curiosity, the infringement in order to revenge. According to the content of the tort, it can be divided into three types:the infringement of network users’ personal data information, the infringement of network personal space, the infringement of network personal activities. According to the tort ways, it can be divided into nonfeasance tort and feasance tort.In China, there are lots of network privacy tort cases. There are some shortcomings in legislative protection and industry self-discipline protection. Whether the constitution, or "the general principles of the civil law" or other laws, the legislation intention to protect the personal privacy and network privacy has not been clear. The regulations of our country about privacy are not only lack of unity, but also lack of conection. Therefore, it is not a complete system. The tort liability law and many other related regulations protect the privacy under the protection of reputation. Lacking of direct protection for privacy makes our network:privacy mode unclear. It leads to many netwok privacy tort cases are lack of direct legal basis, therefore, the victims cannot get effective relief. Related Internet privacy law is not only less content, but also very principle and general. It’s operability is poor, cannot provides strong guarantee for online privacy. In the laws and regulations of network privacy, except for the tort liability act, the rest are lower level administrative regulations, department regulations and industry standards. The effectiveness of these specifications is low, not have enough authority. In the industry self-discipline protection, each website privacy statement is different levels and the content can’t be deliberated. The privacy statements are almost unilaterally made by the website. The user has no right to participate in the formulation and modification of these privacy statement. It is not conducive to the protection of the legitimate rights and interests of both sides. There is no related supervision institutions for privacy statement execution. Therefore, Chinese network privacy tort events has not been well solved.In the word, there are the industry self-discipline mode represented by America, the legal regulation mode represented by European Union and network real-name system represented by South Korea. All these modes have their own advantages and disadvantages. Through the analysis of the characteristics of various patterns and the condition of our country, we can give priority Lo legai regulation and regardself-discipline as the support measure. First, establish and perfect relevant legislation. Clarify the legal status of privacy in the civil code turning the indirect protection into direct protection. In order to better network privacy protection, we can formulate a special law. Strengthen the special protection of minors’ network privacy, clear the responsibility of Internet service providers, strengthen the restrictions of government behavior. Perfect the act of tort liability and the related provisions of the civil procedure law. Second, strengthen the law enforcement and improve the judiciary. In addition, in terms of industry self-discipline protection, set up self-discipline organization and standard authentication institutions to protect network privacy, the government play a good role in guidance and administrative supervision for industry self-discipline.
Keywords/Search Tags:Network Privacy Right, Tort, Protection of Rights
PDF Full Text Request
Related items