On The Legislative Perfection Of Civil Law Protection Of Network Privacy

Nowadays,one of the most remarkable characteristics of the world is informatization and networking.The value of personal privacy in the network is increasingly being explored,which also brings severe challenges to the security of network privacy.The civil law protection of the right of network privacy mainly lies in the regulation of its infringement.After analyzing the relevant contents of the right of network privacy and its infringement,combined with judicial practice,the paper concludes that there are two main difficulties in the determination of the infringement of the right of network privacy: the determination of the subject of infringement liability and the way of responsibility that the subject should bear.Based on the analysis of the current situation of legislation and the experience of legislation abroad,find out the flaws in the identification of our country and puts forward suggestions to improve the legislation.First,the content of the infringement of the right of privacy on the Internet should be clear,and the judgment basis for the subject of the infringement should be given.Clarifying the content of rights is not only an effective means to protect individuals,restrain other subjects,and expand the scope of identification of the subject of responsibility,but also helps to clarify the subject of responsibility after the occurrence of tort.Second,we should improve the standards for determining the joint and several liability of network service providers.In view of the common phenomena of corporate privacy data disclosure and monitoring user behavior in practice,special provisions should be made for such infringers.Third,strengthen the obligations of legal persons and other organizations and improve the ability of security.Strengthen the establishment and supervision of website privacy information collection rules,and add restrictive rules for specific sensitive information collection.It is necessary to improve the legislation on the protection of civil law to confirmation of liability before infringement and postmortem liability of the relevant subjects of network privacy.First,strengthen the responsibility of website enterprises to protect users' privacy.Combined with the content of the right of network privacy and the practice of foreign countries,this paper puts forward the protection rules of network privacy that enterprises should abide by,and develops the privacy security maintenance system within the industry.In order to achieve the purpose of prevention in advance,and after the occurrence of tort,the responsibility should be accurately investigated.Second,we should improve the way of responsibility for the infringement of network privacy.According to the different characteristics of the ways of stopping infringement,eliminating influence,restoring reputation,apologizing and compensating loss,this paper puts forward some suggestions on how to improve the way of liability for infringement of network privacy.