Research On Legislative Protection Of Network Privacy In China

Along with the rapid development of network information technology, the infringement of the right to privacy often occurs, and the protection of network privacy has received more and more attention and concern. The right of network privacy is the result of the constant development of the traditional right to privacy in cyberspace. However, due to the characteristics of the network such as openness and virtuality, the specificity of the traditional privacy in network space is enlarged. Therefore, when the traditional privacy combines with network information technology which has the feature of a lot of fast and free information flow, the right of network privacy will show new characteristics different with the traditional right of privacy.At present, our country has made the corresponding stipulation on the protection of network privacy in the constitution, civil law and other laws and regulations, but it is too fragmented and inadequate. What is more, there is no special law to protect the right of network privacy. It is difficult and poor operability when the court trials the case about the right of network privacy. At the same time, the indirect protection mode of the right of reputation can not fully protect the right to internet privacy. American and EU has formed a clear mode, and established the principle of legislation to protect network privacy, our country still lacks legislative regulation uniform. The USA advocates self-control to manage the internet, and makes the free development of the network industry, and the EU tend to protected mode by the legal rules and regulations. China should actively learn from foreign advanced experience of legislative protection of network privacy, and establish the principle on the legislation protection of network privacy which has Chinese characteristic. China also should take the legislative protection of network privacy right as the leadership, and strengthen the self-discipline management of network industry.China should make special law on network privacy to perfect the system of legislative protection. First of all, the legal status of the right to network privacy should be definite, and it is supposed to be defined as an independent personality right including the protection of private information, network and network activity in law. Secondly, a reasonable definition about the subject of rights and the subject of obligations in the process of network privacy protection is necessary, and the relationship between the rights and obligations should be made clear further. In addition, the responsibility system of the infringement of network privacy, such as administrative liability, civil liability and criminal liability, ought to be improved. Thirdly, the system of compensation should be established to curb the infringement of network privacy.At the same time, in order to purify the network environment and reduce the network crime, the supervision system of the network should be strengthened and improved, and the real name registration system could also be used. The network supervision departments can take the flexible measures of supervision, for instance, joining the administrative guidance and administrative reward. On the other hand, the network operators had better assume the obligation to protect the network privacy of the web users.The protection of network privacy can not solely rely on national legislation. It is a complex and arduous systems engineering needing the support of the whole society. Through the national regulation and social cooperation, the legislative protection of network privacy will be effectively improved.