On The Perfection Of Civil Law Protection Of The Right Of Internet Privacy In China

Emerging network technologies such as big data and artificial intelligence rely on the development of the Internet.While bringing efficient and convenient services to the public,it also triggered a large-scale cyber privacy security crisis.The frequent social phenomenon of "human flesh search",the leakage of social network privacy,and the social phenomenon of "privacy" on the Internet have once caused public social panic about Internet privacy.The right to privacy of the Internet has gradually evolved into a derivative right in the mobile network environment as a right to privacy.The public view and cause a high degree of social attention.Based on this,the perfection of the protection of the civil law of cyber privacy is poised to take off.China's Internet users have large bases and weak awareness of privacy rights.Many people are ignorant of the privacy crisis.Therefore,perfecting the civil law protection of online privacy rights has the dual meaning of theory and practice for creating a harmonious network environment,balancing the development of the Internet society,and perfecting the civil law system.The provisions of China's legislation on the right to privacy on the Internet are mainly concentrated in the field of civil law.The research starting point is relatively low,the development is relatively slow,the provisions for protection of relevant civil laws are not standardized,and the standards for recognition are not uniform.Although the "General Principles of Civil Law" establishes the right of independent personality of the right to privacy,the provisions on the right to privacy on the Internet in civil legislation are still not protected.In the process of judicial practice,issues such as lack of rights content,narrow protection scope,constitutional elements,fuzzy criteria,unclear exemptions,and inappropriate rights relief have become increasingly prominent.The process of China's mobile Internet is fast,and the unavoidable lag in current civil legislation has made it extremely difficult for the public to safeguard their rights to cyber privacy.Areas with developed network technologies such as the United States and Europe have formed a unique model of online privacy protection.For example,the industry self-discipline model of the United States and the unified legal regulation model of the European Union have all played a very good role in protecting the privacy rights of citizens' networks.To this end,referring to the mature legislative experience of the United States and Europe combined with the basic national conditions of China's Internet society and economic development,we conclude that China should adopt civil law protection as the core and industry self-discipline as an auxiliary network privacy protection model.Concretely speaking,the protection of civil law is to consolidate and improve the protection of civil law from the following aspects: the definition of the concept of online privacy,the extension of the behavior and scope of protection,the determination of specific terms,the constituent elements,the exemption,and the improvement of rights relief.With the unified self-discipline of the Internet industry,we can calmly respond to the challenges brought about by the changes in the Internet technology.From the perspective of network economic development,the perfection of civil law protection of online privacy rights can also promote the development of privacy economy,and realize the change of network privacy rights from spiritual rights to property rights.