Civil Protection Of Information Right Under The SNS Environment

To a great extent, the flourishing and rapid development of network technology has transformed the existence and life mode of mankind. Especially, when the Web 2.0 Technology has sprung up, the Internet Application further emphasizes the interactive and shared theme. The reformation of network application technology encourages users’active involvement. Network interactivity has created another indispensable mode within interpersonal communication. Sharing information has become an important factor of strengthening the relationships. Arising from such affection need and network’s convenience, social networking services has been in the ascendant. In such network environment, network service providers offer free interactive services to network users. In the meantime, network users also want to show their personalities and enhance their intimate relationships with the friends. Accordingly, the network users’ information can be fleetly collected, shared, and transmitted. As for the users themselves or others, more and more shared "status" mean that personal details will be leaked without restraint. The consequent difficulties are the control problems and law risks existing within the information revealed from the "status". In the information age, the privacy right has evolved from the inherent passive right to be let alone into the proactive information privacy right. In accordance with the social hot spot at the present, from the angle of protection by civil legal system for information privacy right, this article conducts a beneficial discussion on account of this distinctive legal question within network services. For this purpose, this article is divided into four parts to elaborate the information privacy protection in the social networking environment. The first part mainly analyzes various kinds of basic issues of encroaching privacy information in a social networking environment. In the meantime, it discusses the privacy risk in the social network era, the contents and extensions of the information privacy right, and the features of elaborating the information privacy protection in the social networking environment.The second part introduces the legal system development state for the information privacy protection overseas. In the light of various countries and regions possessing developed information privacy protection, such as America, European Union, and Taiwan, this article carries out the comparative analysis on their legislation models and contents of information privacy protection. Accordingly, it summarizes legislative advantage of these countries and regions together with other superiorities that China may learn from. Especially, it expounds the judgment standards for "reasonable expectation of privacy " whether the privacy right is valid in the practice.In the third part this article advocates Information Privacy attribute "dual" theory, information can also be entered into the realm of privacy property rights, as a social network environment information privacy against many types, determination and greater relief of difficulty. From the perspective of both confirm the existence of these rights and the right to proceed against the facts, I believe that social networks determine Information Privacy tort liability must be the focus of the research paper, so this chapter analyzes the social network environment tort liability.From the angle of legislation and justice, the forth part dissects the current situation of China’s civil law protection for the information privacy right in the social network environment. It puts special emphasis on China’s legal system design upon the tort liability of network information privacy right, and thus discovers the flaws of our legislation in network information privacy protection. This article innovation lies in elucidating the past especially, the personal information protection blindly highlight construct all feasible system to protect the privacy of citizens’ rights, the concept must be based on the "right of existence", but in the virtual social networks, privacy existence might like entities in space that is easy to judge, judicial protection can be recognized in which users should have the right, these problems have few people to discuss. In the meantime, it highlights the deficiencies which can be amended in China’s security system for information privacy protection. And it also takes the theme of judicial standard reconstruction and legislation structure for network information privacy right. Focusing on China’s civil legislation for information privacy protection in the future, it puts forward related institutional suggestions. In the meantime, it explains that in the new type network with the characteristics of "hard to distinguish the virtual and the reality" and "difficult to differentiate the public and the private", there is the limitation within traditional privacy judgment rules. Simultaneously, it simulates to introduce the viewpoint of applied ethics," privacy as contextual integrity" to remedy the above shortcomings(the author agrees that it should be used as the interdisciplinary research method). The purpose is to make the "legitimate expectation standards" of privacy judgment get better integrated into the current situation of rapid expansion of social networking services. At the same time, it expects this new concept would play a positive role in judging whether judge practice information privacy right is valid. Then discusses specific rules of the information privacy protection, and thus emphasizes the significance of industry self-regulation, network privacy ethic, and coordination for the international information privacy rules.