Constitution Analysis Of Citizens’ Network Privacy Protection

Privacy is a basic human right. In our country, the protection of citizens’ right to privacyis still in its infancy, and almost limited to civil and commercial fields. For the protection ofprivacy in the constitution mainly rely on in terms of human dignity. With the development ofInternet technology, privacy is extended from traditional fields to the Internet field. Internetprivacy in addition to have the same connotation with the traditional right of privacy, and ithas features. Therefore, the protection of the network privacy should be on its properties. Atthe same time, the development of information and communication technology provides morehidden, convenient path to the government to monitor citizen privacy. The government publicpower violation to the citizen network privacy, made the protection of privacy from theconstitutional level become urgent.On September9,2013, the supreme people’s court, the supreme people’s procuratoratejointly issued the “supreme people’s court, the supreme people’s procuratorate on libel andother criminal cases dealt with the use of information network explain some issues ofapplicable law”, causing the attention and a heated discussion of the people about freedom ofspeech. However, a lot of people don’t notice that the issuing of the judicial interpretation, islikely to make the judicial organ with legitimate cloak in judicial process violate networkprivacy of citizens.This article includes four parts. The first part, the author introduces the characteristics ofnetwork privacy. With the continuous development of society and further improvement ofhuman spiritual civilization, the connotation of the right of privacy is also different from itsbeginning. Main performance is: from the private sector to the public domain and increase thecontent of the privacy of personal information. At the same time, the right of privacy in thefield of the constitution and right of privacy in the field of civil law are also distinguished.Network anonymity, quickness and universality give network privacy some characteristicsdifferent from the traditional privacy, such as actors are complex and behavioral patternsdiversify, infringement means are hidden, privacy object expanded and so on. The second partintroduces the performance of network privacy infringement, mainly from the Internet, weband government to discuss. The third part expounds the necessity of constitutional protectionof privacy. First of all, the right to privacy should be the citizens’ basic human rights. Our constitution to protect the right of privacy is by the icon of the protection of human dignity.Therefore, the constitutional protection of privacy is conducive to safeguarding the ultimatevalue of human dignity. Secondly, our country present stage for the protection of the citizens’privacy scattered distribution in various sectors, the lack of constitutional ideas and guidance,the right to privacy of constitutional protection is helpful to establish a unified system ofprivacy protection. Finally, the government’s violations to the citizen right of privacy, makingthe protection of privacy must be conducted from the aspects of the constitution. The forthpart, through the analysis of the latest judicial interpretation, privacy protection measures areput forward. First of all, the constitutional status of the right of privacy should be established,protect the right of privacy through constitutional interpretation. Secondly, the issuing of thejudicial interpretation involves the judicial organ’s violations to the citizen right of privacy injudicial process. Therefore, it is necessary to restrict the public power reasonably and preventthe public power from infringe the network privacy in the process of legislation, judicialprocess.