Civil Law Protection Of Personal Privacy And Information In The Smart Home Environment

Smart Homes have penetrated into ordinary households and brought convenience to people's lives.Personal Privacy and Data security problems have been frequently happened.It's not only damage the individual rights of users,but also affect the development of the Smart Home industry.Personal Privacy and Data in the Smart Home environment need to be protected.As the basic law for adjusting the property relationship and personal relationship between equal subjects,Civil law is of great significance to the protection of personal Privacy and Data in the Smart Home environment.The predicament of civil law in protecting personal Privacy and Data in the Smart Home environment includes:the existing protection theory cannot cope with the actual needs of the Smart Home environment;the law of Privacy and Personal Data protection,the Smart Home Product standards is not enough;the user agreement and privacy policy between the service provider and the user are flowing form;the existing civil relief system cannot provide effective protection.The purpose of this paper is to study the current situation of personal Privacy and Data in the Smart Home environment under the current law framework,review the current legal protection deficiencies,and make recommendations on practical issues and the implications of extraterritorial rule of law.Provide guidance on personal Privacy and Data protection of Smart Home service providers and users.This article is divided into the following four sections:The first part elaborates the theoretical basis of personal Privacy and Data protection in the Smart Home environment.First of all,the author will separately elaborate the personal Privacy and Data rights protection theory.Secondly,a comparative analysis of personal Privacy and Data will be given.Finally,the legislation on personal Privacy and Data in China and abroad will be presented.This section is intended to lay the groundwork for the following discussion.The second part is to examine the personal Privacy and Data issues in the Smart Home environment.Firstly,a brief overview of the smart home environment will be given;we divide the security issues of Smart Home into three categories:"SPY","MEANS" and "SUPPORT".Secondly,we analyze the current National Standards of Smart Home industry.Thirdly,we define the right of personal Privacy and Data in the smart home environment,analyzes the relationship between personal Privacy and Data law in the Smart Home environment,and points out the main forms of Privacy and Data rights in Smart Home environment.Finally,the paper analyzes the particularity of personal Privacy and Data problems in the Smart Home environment:The complexity of the subject's status;the accuracy and comprehensiveness of the aggression;the directness and concealment of the aggression;The benefit-driven behavior of the aggression;the inability to recover the violation;the impact of overall situation.In this section,we have a conclusion that the protection of personal Privacy and Data in the Smart Home environment is challenging,and civil law protection is necessary.The third part analyzes the current civil remedies of personal Privacy and Data infringement,including General Tort Liability,Product Liability and Breach of Contract Liability.Pursuing general tort liability is the most usual way of civil remedies.However,Product Liability and Breach of Contract Liability can also give us some inspiration,such as increasing the burden of proof of the infringer and using punitive damages to increase the illegal cost.The principle of attribution should be turned to Strict Liability.And the form of responsibility should be more effective.At the same time,the particularity of Smart Home environment should be reflected in exemption excuses.The fourth part,according to previous research about the protection problems of personal Privacy and Data in Smart Home environment,the suggestions will be given,including improving the protection theory of Privacy protection and Personal Data protection;strengthening the protection of relevant laws and regulations;attaching importance of compliance in business;and improving the effectiveness of civil remedy system.