Children's Online Privacy Protection Act And Its Enlightment To China

The development of Internet brings great convenience to people's life as well as enriches people's spiritual life.However,each coin has two sides.Internet has brought us many unprecedented concerns while offering us a lot of benefits.The arrival of the great data era has triggered great privacy crisis in the world.The invasion of citizens' online privacy by modern science and technology is a serious problem we have to face nowadays.And the situation that the leakage of the minors' online privacy is even worse.The United States has attached great importance to the protection of children's online privacy since last century.In light of the increasingly serious online privacy disclosure problem,the Congress enacted Children's Online Privacy Protection Act to protect the interests of children in the network age.This paper mainly studies the protection measures of the children's online privacy in the United States.Then based on the protection of privacy right and online privacy right,it analyzes current problems of the minors' online privacy protection existing in China.From the perspective of tort liability,this paper puts forward to some suggestions to strengthen the protection of the minors' online privacy right in China.The first part is an overview of the right to privacy and the right to online privacy.This part begins with the definitions and characteristics of the right to privacy,and then defines the right to online privacy and explores its characteristics compared with the right to privacy.Finally,it analyzes the characteristics of the minors' online privacy right and the urgency to protect it.The second part focuses on the legislative protection of children's online privacy in the United States.The United States has always been playing a leading role on theprotection of children's online privacy around the world,adopting legislation to protect children's online privacy.This chapter first introduces the contents of the Children's online Privacy Protection Act issued by Congress in 1998 and next discusses measures set in this Act.Then it comes to the renewal of this Act in 2012.The third part analyzes the implementation of the Children's Online Privacy Protection Act in the United States,then shows a typical case in order to explore the effect of its implementation.At the same time,some disputes and shortcomings during the implementation process of this Act are put forward.The fourth part analyzes the legal protection of the minors' online privacy in China.This paper searches the current laws about the protection of online privacy in China and then points out some problems existing in the protection of the minors' online privacy in China at this stage.Especially,analyzing the deficiencies of the protection of minors' online privacy from the aspect of tort liability.Then based on the Children's online Privacy Protection Act,aiming at the problems existing in the protection of the minors' online privacy in China,it suggests that the protection of the minor's online privacy right should be improved in the tort liability compilation of the civil code,clarify the minor's online privacy right,refine the types of tortfeasor,reconfirm the principles of culpability,lower the standard of mental damages and introduce punitive damages and adjust the exemption of responsibility to determine the specific relief measures for the infringement of the minors' online rights so as to better protect the online privacy of minors in China.