Research On The Legal Protection Of Internet Privacy

The Internet is changing our lives,and the Internet has provided us with a lot of convenience.The Internet has created conditions for the government to use big data for social governance.At the same time,the network,big data and modern technology provide convenience for the violation of the privacy rights of individuals.How to use the convenience brought by modern technology in the Internet age,at the same time,to prevent the invasion of the privacy of citizens' network,presents new challenges to the government and law,and also provides a new subject for legal research.As a basic human right,the right to privacy has been recognized and protected by law worldwide,but our country's recognition of online privacy is still insufficient.However,the concept and content are sometimes different.The affirmation and protection of human rights in China's laws determine the protection of privacy and network privacy,but this problem is urgently needed to be studied and solved.The report will protect "human rights" and highlight the country's comprehensive protection of the legitimate rights and interests of the people and meet the new expectations and aspirations of the people.The personality interest is the highest interest that the natural person enjoys,and the right of personality based on it also naturally becomes the basic right of citizens.Privacy as one of the basic rights of citizens,the abroad has already been recognized and has formed a relatively perfect system of legal protection,but in our country have not been able to have a breakthrough,it was not until recent years began to study the issue of privacy and network privacy,in terms of laws and regulations,at present our country's current constitution,"the general civil law","criminal law",the infringement act has directly or indirectly in terms of protection of privacy,but there are still some problems need to be solved.Such problems are often accompanied by serious "secondary disasters",such as using the Internet to commit fraud,citizen information leakage and human flesh search.In particular,with the spread of the Internet,dealing with the problem will become a social problem,affecting the harmonious progress of the country.This paper aims to analysis of concept and characteristics of network privacy,clear the main content of network privacy,carding the current law,find out the legal protection and the problems existing in the actual operation,draw lessons from foreign experience,put forward related Suggestions.This paper mainly adopts three different research methods: literature research,inductive summarization and empirical analysis.Firstly introduces the meaning of network privacy and related theory,from the Angle of the text and practice after the current overview on the current situation of network privacy protection,find the network privacy protection is the key problem of the infringement,refining summarized the types and characteristics of infringement behavior,provide the theory and practice basis to solve problems.Finally,according to the problems summarized in the previous article,we propose a targeted feasibility solution.This article mainly discusses the network privacy protection from the legal Angle,altogether divides three chapters.First chapter is mainly on the basic theory of network privacy,first has carried on the brief overview of privacy and right of privacy,after detailed analysis of the concept and characteristics of network privacy,discusses the characteristics of the era of big data is introduced on the content of network privacy,online privacy is personal,private information has nothing to do with the public interest and the private sector for the rights of control.Then,has carried on the classification to the type of network privacy,the main problems of special subject network right of privacy are studied,mainly involved in the exercise of the right of special subject and use,and have the right to limit problems in the practice,through the analysis we realize that the legal protection of network privacy need to determine the reasonable principle,find the balance of public and private interest,to protect the privacy interests of all groups.The second chapter is mainly on the current status of the current our country network privacy legal protection,first of all,on the base of law has carried on the induction summary text protection,respectively from the constitution and other laws and Angle to explain the latest judicial interpretation;From the perspective of practice,this paper analyzes the problem of network privacy protection,the core of which is the lack of systematicness of the law,the need to optimize the law enforcement and the legal protection environment,and the absence of supervision.Through comprehensive analysis of the text and practice found that the current key problems of network privacy protection is the spread of tort,then has carried on the division to tort from the type,the typical telecom fraud tort and infringement of human flesh search,from the perspective of the case made key analysis,and probes into the characteristics of network privacy infringement general summary,also to solve the problem of the legal protection of network privacy provides the point of view.The third chapter is Suggestions to perfecting the network privacy protection is put forward,based on the analysis of outside network privacy legal protection are proposed on the basis of the experience and enlightenment,the first is the perfect relevant legal system,which is the basis of the legal protection;In addition,ACTS is not enough to do,the law to carry out the more critical,it is important to strengthen the network supervision and judicial supervision,and to improve the operating environment is the guarantee law,only the combination of these three,can we truly achieve the legal protection of network privacy.