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Study On The Right To Privacy In Virtual Space

Posted on:2016-07-23Degree:MasterType:Thesis
Country:ChinaCandidate:L W HuangFull Text:PDF
GTID:2296330461959014Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
Privacy protection of virtual space is one of the hot issues in recent years, but at this stage of its protection are basically conducted from the perspective of privacy information, focus on how to avert disseminating information privacy for network environments. The article is trying to explore this virtual space privacy in space privacy.Traditional space privacy is not a necessary condition to its material properties, its meaning is space on the personality right with personal interest. From the perspective of the existence of human dignity and privacy theory, the specific people have the right to pursue its virtual space "alone" state and spiritual peace, in order to confirm the reasonableness of the virtual space of privacy theory. By comparing with the traditional virtual space privacy information privacy, network privacy similarities and differences, that virtual space privacy rationality.In addition to the introduction and conclusion, is divided into five parts:The first part introduces the division of information privacy and space privacy. The section regard "space" personality attributes as a starting point to discuss that the definition of private space is not affected by physical properties. By the study of the characteristics of virtual space, it proved a virtual space should also be subject to privacy laws to protect the space.The second part explore the basic theory of the virtual space of privacy issues. From the subject, object, content, in-depth analysis of the virtual space angle privacy connotation, then specific the scope of the virtual space by drawing a "reasonable expectation of privacy interests" in US law. The virtual space of privacy protection should be a reasonable range restrictions will be explained, and thus demonstrate the full range of basic features of the virtual space of privacy.The third part, combined with a common virtual space, the behavior of virtual space are classify in types to research. Infringement of privacy act specific virtual space can be divided into invasive, spy, harass, change, delete, and shut down the virtual space and other acts.The fourth part introduce the new change brought by <Proposal for a Regulation of the European Parliament and of the Council on the protection of individuals with regard to the processing of personal data and on the free movement of such data(General Data Protection Regulation)>,which is regard as the privacy-related legal basis in EU laws. Privacy rights in the virtual space contained the acquisition right, portable right, the right to be forgotten, the right to inspect, the right to privacy of the virtual space.The fifth part, by analyzing the percent situation to protect personal privacy in virtual space, proving that under the current legal framework of privacy legislation in the field of virtual space behind, cannot meet the age requirement. Then pointed out the lake of traditional information privacy, internet privacy to carry out the virtual space of privacy protection deficiencies. At last we give proper solutions and rationalization measures: the recognition of the legal status of the virtual space of privacy, against encroachment from the public authority, a clear network service provider the obligation to establish independent privacy actuator perfect space for privacy tort remedies and other means.
Keywords/Search Tags:Right of Privacy, The Right to Private Virtual Sphere, Virtual Sphere, Boundary of the Right, Classification, reasonable expectation of privacy
PDF Full Text Request
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