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Privacy Right And Legal Protection Under The Network Environment

Posted on:2019-11-10Degree:MasterType:Thesis
Country:ChinaCandidate:F Y GengFull Text:PDF
GTID:2416330545964900Subject:legal
Abstract/Summary:PDF Full Text Request
The new concept of "big data" marks the network development has entered an unprecedented new height.The continuous popularization of the Internet has provided more efficient and convenient services for people's lives and learning.It has,to a certain degree,influenced and even changed people's production and lifestyle.We Chat chat,Taobao shopping,Baidu search have become an indispensable part of people's lives.At the same time,the use of Internet information technology to infringe on the privacy of others is a common occurrence,and the problem of Internet infringement has become increasingly serious.For example,people often freely disclose the privacy of others on the Internet platform,use the Internet technology to illegally collect and illegally use other people's personal data.This not only greatly violates the legitimate rights and legitimate interests of network users,but also leads to the security of the network environment.Sexually decreased.Therefore,how to effectively regulate the infringement under the network environment to protect and remedy the citizen's online privacy is particularly important.Since China's research and discussion on the theory of privacy rights is relatively late compared to Western countries,it leads to relatively weak protection for traditional privacy rights.What's more,in the emerging field of the Internet,we want better protection.The privacy enjoyed by citizens on the Internet is relatively difficult and complex.So far,China's legal provisions on the right to privacy on the Internet have not been very sound.There is no clear legal provision to specify the specific content of the right to privacy on the Internet.There are no specific legal provisions to specify specific ways of infringing on privacy rights,and there are no clear legal provisions to stipulate the protection of network privacy rights and remedies.The most indirect result of the lack of legislation and inadequacies is that it cannot protect the privacy rights of the Internet at all levels and levels in the judicial practice.In other words,when the court accepts and hears cases of online privacy infringement,it is difficult to find a clear and specific legal basis from substantive law.Legislation on the gap of the right to privacy on the Internet allows judges to hear cases based on China's general privacy rules.This not only results in the inability of network users' legal rights and interests,but also easily leads to different judgments in the same case.The reason why this article chooses the Internet privacy right is to deeply study and discuss the various legal issues existing in the current network privacy right infringement from the perspective of legal application.On the basis of using literature research,comparative analysis and other methods,this article summarizes China's law on online privacy through the introduction of the basic case of the “China Case of Cookie Privacy Dispute Disputes” and the comparison of the results of the first and second trial judges.The problems of protection and attempts to find appropriate and effective solutions to better use legal means to regulate violations of privacy rights,and thus better protect the privacy enjoyed by citizens on the Internet.
Keywords/Search Tags:Privacy rights under the network environment, reasonable expection of privacy, The act of infringement, the right to privacy, Justifiable cause
PDF Full Text Request
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