The Perfection Of The Protection Of Privacy And Civil Law Under The Network Environment

With the development of network technology,the tort of privacy has attracted more and more attention,the people's Republic of China "law" will clear the right of privacy as a basic human right,from the national level to strengthen the protection of privacy.Privacy has three characteristics in the network environment,namely,diversification of infringement subjects,data of infringing objects and serious consequences of damage.According to the characteristics of the right to privacy,combined with the current legislation related to the protection of privacy,through analysis,we find two problems existing in the protection of privacy.First of all,in the era of information privacy is no longer negative "right to be alone,but should be a kind of active and can be controlled by the power of individuals should be able to dominate their privacy is exposed in the network environment.In this case,the protection of the right of privacy can not be carried out only after the infringement of the right to privacy,and the protection of the law should be brought forward before the infringement occurs.This requires a defensive law that standardizes the behavior of Internet service providers and requires them to protect privacy information as a daily code of conduct and to prevent the disclosure of private information.At present,there is no defensive provision for the infringement of privacy rights in China,but in the United Kingdom and the United States where privacy rights have been more developed,the relevant provisions of defensive protection have appeared in the law.On the basis of studying the legal provisions of the European Union and the United States,this paper puts forward the idea of localizing the defensive mechanism of the right to privacy.Secondly,after the infringement of the right to privacy,compensation for mental damage is an important way to compensate the infringed.At present,our country's law stipulates that the starting point of spiritual damage compensation is higher and the consideration factor is not perfect.At the same time,the amount of compensation for mental damage can not adapt to the current development.Starting from the above three questions,it is suggested that the scope of mental compensation for privacy rights should be expanded,and that the mental damage caused by minor mental damage standards shall be included in the scope of compensation.At present the scope of compensation for mental damage factors and the extraterritorial compared is not particularly full,this article has carried on the reorganization and analysis of the relevant provisions of Japan and Germany,found insufficient consideration of our country,puts forward some improvement suggestions.Finally,to determine the specific amount of compensation for mental damage,according to the relevant provisions of the extraterritorial consolidation,analysis of mental damage compensation in other countries and regions,our country put forward in improving according to the mental damage compensation system,especially for the invasion of privacy of mental damage compensation system of this kind of personality right in the design and should consider making a relatively broad scope of compensation.In the calculation of the amount of compensation for mental damage,we can mainly consider three principles:the principle of appropriate economic compensation,the principle of reasonable restriction and the principle of discretion.Under the guidance of these three principles,we should compensate for the violation of the right to privacy.