The Legal Theory Of Privacy Protection In The Network Environment

People pay more and more attention to the right to privacy with the progress of science and technology and the development of society,.After we entered the Internet era,the traditional right to privacy in the sense of the ring has also been given a new connotation in the context of the Internet.The rapid dissemination of information has caused the right to privacy to be seriously affected.Therefore,how to protect the privacy right in the network environment and how to deal with the conflict between the right to privacy and the right to know becomes particularly necessary.The author's research on the privacy protection under the network environment is mainly carried out from the following parts:In the first chapter,the author starts with the frequent infringement of privacy in the current network environment,clarifies the seriousness of the problem,and points out the writing background and significance of this article.Secondly,the research status of domestic and foreign scholars on relevant issues are screened and sorted out for reference.Thirdly,it clarifies the relevant methods used in this study.Finally,the innovation of this paper is pointed out.In the second chapter,the relevant theories of privacy under the network environment are sorted out.Firstly,the term "privacy" is defined semantically,and the concept of privacy in the network environment is summarized by summarizing the research conclusions of scholars,and its characteristics are analyzed.Then,the rationality and legitimacy of privacy protection in the network environment are analyzed from the perspective of jurisprudence.In the third chapter,the difficulties of privacy protection under the network environment are further studied.By discussing the concept and existence basis of the right to know,this paper analyses why the two rights are opposed.At the same time,combined with the actual situation,the conflict between the protection of the privacy of the offender and the public's right to know,the conflict between the protection of the privacy of the offender and the public's right to know,and the conflict between the protection of the privacy of the offender and the public's right to know,are respectively demonstrated and analyzed.Chapter four uses the comparative analysis method to study the protection of privacy and right to know in other countries or regions and how to coordinate the conflict between the two.In the aspect of privacy protection,this paper expounds the legislative protection mode of EU and the self-regulation protection mode of industry in the United States,introduces the constitutional protection mode of Sweden in the aspect of the protection of the right to know,and discusses the protection mode of priority protection of the right to know in Germany on the issue of coordination between the two.Through the above discussion,this paper tries to provide extraterritorial experience,enlightenment and reference for the solution of the conflict between privacy and right to know in the network environment of our country.In the fifth chapter,extracts four legal principles to solve the conflict between privacy and right to know in the network environment,which include the principle of public interest priority,the principle of case balance,the principle of right coordination and the principle of public order and good customs.Chapter Six puts forward solutions to the conflict between privacy and right to know under the network environment in China,including clarifying their rights boundary.perfecting relevant network legislation,constructing legal defense system,and perfecting industry self-discipline mode,establishing public trust system.The conclusion part makes a concise summary of the legal problems and suggestions of privacy protection under the network environment.