The Research Of Privacy Protection During Network Evidence Preservation Notarization

Network evidence preservation notarization means the activities of the notary office including the extraction,keeping,fixing,description and supervision of the network evidence and activities relevant with the rights and interests of the applicants however which will possibly suffer loss or become difficult to obtain according to the application of a natural person,a legal person or other organizations.Along with popularization of internet,the problem of liability of tort becomes more serious.As a fast and convenient legal method to protect the legal rights of people on the internet,network evidence preservation starts to attract more and more attention.However,during the network evidence preservation notarization procedures,some problems such as failure of duty of disclosure,failure to strictly distinguish the privacy of the party and the party in interest,ignoring the legal method of taking evidence,and failure to limit the application ranges of the notarial certification will likely result in the tort of privacy.The privacy protection during the network evidence preservation notarization is not only required by protection of the individual dignity and the rights of netizens,but also required for improving the credibility of notarization and avoiding notarization dispute.The thesis proposes that the privacy rights have indirect access to the constitution of our country,which can better explain the privacy protection through constitution,accelerating the legislation of privacy protection in the civil code,and improving the current Tort Liability Protection Act.During the network evidence preservation notarization process,the thesis suggests the notary office needs to implement specific measures to protect the relevant party’s privacy including but not limited to providing risk disclosure,distinguishing the privacy of the party and the party in interest,reviewing the legal method of taking evidence and limiting the application ranges of notarial certification.