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Under The Network Environment Of The Privacy Of Public Figures Legal Protection Research

Posted on:2016-12-01Degree:MasterType:Thesis
Country:ChinaCandidate:J LiFull Text:PDF
GTID:2296330479978280Subject:Law
Abstract/Summary:PDF Full Text Request
The American scholar Charles Fried once said: "There is no privacy, People will lose an important element to its human."Privacy is of great significance for an individual. The value of the privacy lies not only in protecting the rights of individuals’ lives, space and affairs against intrusive, but more importantly,protecting the rights of individuals’ personal information and information environment. Compared with the traditional environment, the object and connotation of privacy are more vulnerable to abuse in the information age, especially in the Internet age. The rapid development of Internet gives rise to the prosperity of society and economy, at the same time, brings people’s privacy rights unexpected problems. Under the age of the Internet information, communication becomes more frequent and convenient than traditional era, which brings convenience to people’s life, on the other hand, more difficulty in protecting the rights of information privacy. Under the network environment, invasion of privacy rights of information grows with each passing day, which brings serious consequences for individuals and society. As a special group, public figures are a major concern on their privacy right protection, under the network environment.This paper discusses the meaning and characteristics of network privacy, plus, the definition, characteristic and particularity of public figures’ privacy under the network environment. With the European Union, the United States and other countries privacy protection comparison, it analyses the currency of public figures privacy protection in our country, and puts forward legal advice to our country’s public figures privacy protection in further.Privacy is a kind of concrete personality right. With the advent of the era of Internet, privacy protection range is changing. It extends to the protection of personal privacy information, space and life peace, etc. People’s privacy is more vulnerable to abuse under the network environment than in the past, especially the public figures’. In this paper, through comparing the definition of privacy between the network environment and the traditional environment, it elaborates the characteristics of the public figures’ privacy in detail which are more likely to cause social attention, affect the public interest and possess more commercial value, under the network environment.At the same time, through the study of public figures outside the network environment under privacy mode of development, we can give a in-depth analysis on the reason of the model due to mature.Such as the EU and its Member States through legislative measures, on the basis of protecting minimum privacy, privacy protection can be taken through a series of decrees explicit content, expanding the scope of protection of personal data.Besides, the author has made deeply research about the decree that issued by its member state German, which will be treated differently on public figures, detailed measures of protecting the privacy of the scope of the differences have important reference for China to protect the privacy of public figures.Although the United States using the industry self-regulation to protect citizens’ privacy mode, it does not distinguish the subject of the right. The typical case is determined by a series of public figures privacy rules.The difference is that the US legislation is inclined to protect media freedom, some scholars say this is the reason why a public figure in the United States has little chance in an attempt to obtain protection by the judiciary.Through the studies of extraterritorial legislative norms of public figures privacy protection, industry self-regulation of learning, the author attempts to find us a suitable model of privacy protection.At present, under the network environment China has many other questions about the existence of privacy institutional development, especially public figures privacy issues in terms of legislation and industry self-regulation: Our privacy legislation of public figures not only distributed in among other laws and regulations dispersedly, but also in a low rank, it is difficult to form an effective protection situation; in industry self-regulation, although the current situation of the Internet is large, the industry started late, the industry has not yet formed a good order, so the discipline is difficult to follow.Thus, in terms of legislation or self-regulation in the industry, our protection of privacy of public figures have become stretched under network environment.Through the in-depth research on these issues, the network environment in the future under the protection of the privacy of public figures were asked the following three suggestions: First, China should clear the network environment of the connotation of privacy of public figures to pass legislation defining the privacy of public figures range, learn from the experience of national legislation to protect the results of of extraterritorial, combine with China’s specific national conditions.First way is to set up Basic Law to protect public figures’ privacy, then improve case guidance system, and gradually strengthen legislation to protect the privacy of public figures; Second, the government should play a guiding role, gradually build public officials classification system to disclose information, which is responsible not only for the public’s right to know, but also has positive implications for current and future anti-corruption work; Finally, based on national laws and regulations,the Internet industry should develop internal appropriate industry standards,a complete industry self-regulation framework, through technical measures and the dual role of government oversight,and promote the healthy development of the Internet environment under the protection of the privacy of public figures.
Keywords/Search Tags:Public figures, The right of privacy, Network environment, Legal Protection
PDF Full Text Request
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