Font Size: a A A

Study On Protection Of Personal Information On Search Engine Service

Posted on:2018-04-28Degree:MasterType:Thesis
Country:ChinaCandidate:K C ZhaoFull Text:PDF
GTID:2346330515490418Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
The construction of "Internet +" background of the times in our country,although search engine service technology is the most important information search tool in the field of Internet,the regulation of personal information in search engine services infringement legislation has seriously lagged behind economic and social development,and then to the justice Practice brings a lot of confusion and problems.Therefore,how to improve the legal norms of personal information protection,cracking the judicial practice in the judicial dilemma has become a matter of urgency.In this paper,based on the personal information protection for search engines,studies from the perspective of the infringement of personal information search engine service.Through the case of personal information infringement,this paper leads to the problem of personal information protection in the field of search engine service,and further analyzes the shortcomings of personal information protection in search engine service in our country at the legislative level..Then this paper analyzes the search engine and personal information basic theory,and put forward No matter whether develop "Personal Information Protection Act",the right to personal information should be established.Finally it is on this basis of right of personal information that improving our existing tort relief system in our country in the system of protection of the rights and interests of personal information.In addition to the introduction and conclusion,this paper consists of four parts.The first part,this paper analyzes the cases of personal information infringement disputes between two search engine service companies and online users,and points out from the judicial practice level that under the existing legal system of our country,the court has path of protection and the plight in the personal information on the disputes of the search engine service.The second part,by comparing and evaluating the legislation of personal information protection inside and outside the domain,this paper puts forward some problems existing in the legislative level of personal information protection in China's search engine service,such as specification for dispersion,legal norms lowly and protection is not comprehensive.The third part,it is the center that foundation of right of personal information protection in the search engine service is.Firstly,it introduces respectively the theories of search engine and personal information protection.Then it analyzes and compares the protection of personal information in search engine service and privacy,the right to be forgotten,thinking that though the protection of personal information and privacy,the right to be forgotten exist contact,but the difference is obvious;Finally it is revealed that the protection of personal information in search engine service is not only based on the basic human rights theory such as human dignity,freedom and independence,but also derived from the value of choice after the economic analysis method theory,natural law theory and the principle of proportionality.The fourth part,in the face of the problem of personal information protection in search engine service,this part puts forward the perfect advice from the legal system.It considers that the basis of personal information protection in search engine service is the confirmation of personal information right;and because the protection of personal information in the field of search engine service is special,the rights between the individual rights and obligations the subject of the information need to get reasonable configuration.It would put forward some perfect suggestion about the constituent elements of the right relief system,the principle of imputation and the way of assuming responsibility.Finally,establishing a perfect legal mechanism of personal information protection in search engine service will The development trend under information age of our country.
Keywords/Search Tags:search engine, personal information, the right of personal information, Punitive damage
PDF Full Text Request
Related items