Study On Legal Nature And Protection Of Personal Call Records

Nowadays,electronic communication has become an essential medium for people to exchange information.Personal call records are closely linked with our life,and truly reflect the whole personal call activities.It is private and reflects personality interests.Therefore,the law should protect it.However,our country’s current related laws and regulations do not clearly define and state the legal nature and legal protection of personal call records.Meanwhile these issues have not yet been discussed deeply in the domestic theoretical circles,leading to much confusion in the judicial authorities and the judicial aspects of administrative law enforcement.Therefore,beginning with the connotation of the personal call records,this paper compares the relation and difference between three concepts,communication privacy,other general privacy and the personal information,concluding that the legal nature of personal call records should be defined as privacy.Secondly it discusses the legal protection and immunities of the privacy of personal call records.Lastly,it argues and proves the obligations and burden of proof in the case that the telecommunication enterprise illegally disclosure of personal call records in judicial practice.The text is divided into three parts as follows:The first part defines the legal nature of personal call records.Through the comparison of the connotation,relation and difference between communication secret,privacy,personal information,and a whole enumeration of different theory views from different scholars and judicial practice,personal call records should be defined as privacy.This part also gives several corresponding reasons.The second part discusses the protection and immunities of the privacy of personal call records.Firstly it analyzes the necessity of the protection of personal phone records.Furthermore,from the right of privacy infringement of four elements analysis it demonstrates the privacy protection is also applicable regarding to the personal call records by the analysis of four elements of privacy tort.Finally it focuses on the analysis of immunities of the privacy protection of personal call records,which means when it conflicts with the spouse right,there should be a certain limit of privacy protection.The third part mainly analyzes the obligations and the burden of proof of telecom enterprises.This mainly analyzes the cited cases of court decisions in the introduction of this paper in terms of three problems,namely,the Mobile Corporation should not bear safeguard obligation but the obligation of confidentiality of users’ call records[Privacy);communication companies’ burden of proof should not apply to the inversion of onus probed principle,but should apply to the transfer of burden of proof;how the standard of telecom enterprises’ burden of proof be analyzed.