The Protection Of Network Privacy Right From The Perspective Of The Constitution

With the highly developed information technology,privacy protection is becoming more and more important,in many countries has evolved into a constitutional right of citizens,the concept of network privacy also come to the fore.From the right to privacy to the network of privacy,from the private rights as a private law to the right to privacy as a constitutional public network of privacy,network privacy has experienced a long historical evolution.This article begins with the exploration of the germination of the original social privacy,and analyzes the promotion of the formation of the concept of privacy by the development of modern liberalism with personal foothold.And then standing on the perspective of the development of the privacy rights throughout the analysis of the privacy concept enjoys popular support,the protection of personal privacy as a whole society recognized moral code of conduct to become a legal protection of the process.You can see from the primitive society to the modern society,the connotation of privacy with the social form and material development has been expanded.It is also based on this,the Internet era of individuals,all kinds of organizations for personal information cravings and information dissemination of the order of development to promote the network privacy as a new type of privacy inspired by the Internet came into being.However,it is not enough to explain the traditional privacy right and the privacy of the Internet from the law of tort and personality,but also need to understand it from the angle of "state and individual","public domain and private sphere".Only by grasping the free attribute of the network privacy right,the human rights attribute and the basic characteristic of the anti-attribute can we better understand the right content of the network privacy right.In the middle part of the article also highlights the importance of the right to protect the privacy of the network.One is the new developments in the public and private sectors-with the expansion of the public domain under the Internet age,the private sector of the Internet has been intervened by both countries and individuals.The second is that the constitutional protection of the privacy of the network put forward a new demand to become a new necessity to prevent public power on the network of private areas of illegal violations,while through the constitution to build the network of the right to review the unity of privacy.Because of the personal trust of the state organ or the strong position of the state organ itself,the infringement of the privacy of the individual network is more serious than the violation between the equal subjects in the cyberspace.The infringement of the privacy of the personal network by the state organ is manifested in the following: the exclusion of the state as the main body of the network privacy infringement in the legislation,or the provisions of laws and regulations on the network privacy infringement.Second,in the process of law enforcement,the state organs overnetwork monitoring,personal privacy information improper collection and storage,the government network improperly public information on personal network privacy infringement.In view of these violations,to protect the individual's network privacy phenomenon,it should go on the basis of the Constitution to build a comprehensive network of privacy protection mechanism.First of all,should implement the constitutional implementation,by strengthening the constitutional interpretation and construction of constitutional review system to establish the network privacy status of the constitutional status.Second,we should strengthen the departmental legislation,in the creation of protection of network privacy related to the relevant laws,and constantly improve the law before the development of the network on the lack of privacy.Third,you should strictly enforce the network to ensure that state organs in law enforcement activities can not wantonly infringe upon the citizens of the network privacy.For the above summary,this paper is divided into the following sections:The first part is the introduction part,mainly introduces the research significance,research ideas and methods,domestic and foreign literature review,the paper innovation and so on.The second part analyzes the privacy,privacy and traditional privacy right from the perspective of the constitution,and then analyzes the basic value and content of the network privacy right.The third part introduces the new development trend of the public domain and the personal field and the new demands of the constitutional protection of the network privacy right in the Internet age.The fourth part of this article enumerates and analyzes our country in the legislative activities to exclude the country as the main body of the infringement and laws and regulations caused by the infringement of these two violations.At the end of this section,wealso introduce the behavior of the state in the law enforcement activities against the privacy of the network,including excessive network monitoring,improper collection and storage of personal privacy information,and improper disclosure of personal information by the government network.The last part of this paper discusses the constitutional protection mechanism through the implementation of the Constitution,strengthening the departmental legislation,strict network law enforcement and other ways to build the network privacy right.