Research On Internet Privacy Protection

Today’s society is undergoing rapid changes in science and technology, the network hasentered people’s lives. The rapid development of the Internet bring convenience to the peopleat the same time, protection of personal privacy posed greater challenges. Internet privacyinfringement cases are frequent, and China’s related legislation is not yet mature, imperfection,related industry with respect to the development of self-regulatory system is still veryincomplete, Internet users maintain their own Internet privacy awareness still needs to beimproved, rights of way remains to be clarified, specified and established a sound mechanismof network privacy protection has become necessary and urgent.The main purpose of this paper is that, through the definition of the concept of networkprivacy tort analysis as well as on the basis of drawing lessons from external experience,combined with the actual national conditions, and protection of network privacy in China putforth their views and suggestions. From the network identification of privacy infringementand protection of network privacy infringement aspects studies, comparative study onactuality and countermeasure of methods, explore the development trend of network privacyprotection, as well as on protection of network privacy in China should pay attention to theproblem, and therefore puts forward a reasonable and workable measures for protection. Thispaper consists of five parts, the first part is introductory, and introduces the background,purpose and status of the General Survey. Second part introduced privacy and networkprivacy of general problem, through on traditional privacy and network privacy of comparedresearch, we knows network privacy and privacy in some aspects has have in common, but itsin itself development process in the formed has different yú privacy of some features; thirdpart is Network Privacy tort of finds problem, on network privacy of tort subject, and tortresponsibility constitute elements, and responsibility bear way and responsibility bear ofexception made has more detailed of research; IV part research abroad on network privacyprotection of status and the protection measures, main is on United States of industryself-discipline mode and EU of legislation protection mode for compared analysis research, toquest abroad network privacy protection experience on China of reference meaning; v partanalysis China network privacy protection of status and exists of problem, combines Chinaresearch status and the exists of problem, reference extraterritorial experience, discussionChina in related aspectsCountermeasures. When looking at improvement of the protection ofnetwork privacy in China, from the perfect network privacy protection legislation, strengthening self-discipline, improve citizens ’ consciousness of their rights related to thethree areas network privacy protection recommendations.Internet privacy protection system in China still quite immature, imperfect, comparedwith foreign countries, protection of network privacy right of citizens is being done is not inplace. In the relevant legal norms in China, only the tort liability Act is to protect the privacyof citizens with higher legal level of legal, and October10,2014, promulgation of theSupreme People’s Court on trial of civil dispute cases via the Internet against human rightsprovisions on several issues of applicable law19Internet privacy regulations are relativelymore systematic and operable. Other legal norms spread on Internet privacy in theConstitution, the civil code, the Penal Code and other laws, as well as related judicialinterpretations and regulations, fragmentation and lack of maneuverability, and its loweffectiveness. United States mainly by industry self-regulation of online privacy protection,with emphasis on self-discipline organization’s status and role in the protection of networkprivacy right, but there are also laws to protect it, such as the freedom of Information Act, thePrivacy Act and so on. Industry self-regulation model certainly has its advantages, reducingthe Government’s burden of work, showing the democratization, but industry self-regulationand self-discipline effects might not be ideal, because self-regulation organizations voluntarilyjoined by the network operator and is committed to comply with the code of ethics, if it doesnot comply with the code of ethics will not be affected by any penalty. The EU focused onInternet privacy legislation, although such defects of self-regulation can be avoided, but thelag and rigidities, may cause privacy infringement cases dealing with lawlessness. To theabove analysis, I think our country’s choice of Internet privacy protection mode could beconsidered mainly to legal regulation, both industry self-regulation model, make up for thelag and rigidity of legislation at the same time, can make up go to industry self-regulatoryorganization of the network operators do not comply with the code of ethics and defectswithout corresponding punishment.