Civil Law Positioning And Regulation Of Network Trace Information

Network trace information is generated by the development of the Internet,and has been widely used in the fields of big data and Internet advertising in recent years.However,there has not been a clear conclusion about the positioning and regulation of this emerging concept in civil law.The protection of network trace information has been swayed at both ends of personality interests and economic utilization.The United States and Europe have each chosen one to form a unique regulatory model,but each has its own shortcomings.From the perspective of hermeneutics,China's civil law positioning of network trace information provides two paths of privacy and personal information.The privacy system is unclear under the guidance of academic explanation,and the infringed Internet users intend to achieve the four constituent elements of general tort liability.The definition of personal information in China is consistent with the European Union,and the network trace information can be interpreted as personal information under the premise of the openness of the"identifiable" standard,so as to realize the correct positioning of protection.However,judging from the results of judicial decisions,the courts hold the opposite attitude.Therefore,it is necessary to adopt dynamic and contextualized interpretation paths to make case judgments on network trace information.Starting from the path of personal information,China has constructed two types of power systems for network trace information,and has clarified the regulatory path from the stages of information acquisition,information processing,information preservation and transfer.On this basis,this article puts forward the prospects and suggestions for further improving the protection of network trace information.The first chapter of this article attempts to define the concept of network trace information,analyze its production and development from a technical perspective,and lay the foundation for the analysis in the following.The display of network trace information in the current mainstream use mode indicates that the network trace information has important economic and social value,and through analysis of the current unreasonable collection and unreasonable use,the problems are pointed out.The second chapter analyzes the two contradictory value factors that must be considered when the network trace information is incorporated into the legal system,namely the protection of personality interests and the development of economic value.At the same time,based on the above two values,it is found that the EU and the United States have adopted a network trace information positioning path that suits their national conditions under different value choices and value tendencies:including the EU GDPR,which is dominated by personal information control theory,and he American system which tends to protect the Internet of industry development,each of that has its own advantages and disadvantages.The third chapter firstly sorts out the legislation,and concludes that China provides the right to privacy and personal information to the network trace information.The path of privacy comes from the succession and development of the protection of privacy in the United States,so there are similar problems.Different interpretations of the connotation of privacy bring huge differences in the positioning of network trace information,and at the same time damage the fact determination and proof difficulties makethis The realization of the road is difficult.The hermeneutic analysis of personal information can fully integrate the network trace information,but the court judges have the opposite and contradictory definition attitude.Therefore,it is necessary to introduce the theoretical tools of P?2.0 for dynamic interpretation.Chapter 4 is based on the path of personal information,and through the interpretation of Article 111 of the General Rules of Civil Law and Chapter 4 of the Cybersecurity Law,it is concluded that China has now formed the The system of deleting rights and capabilities has also established a perfect regulatory system at different stages of collection,processing,and storage.Chapter 5 puts forward the suggestions of this article on the basis of integrating the above contents.In view of the contradiction between the current legislation and the judiciary on the identification of network trace information under the path of personal information,this article believes that it is necessary to stipulate it clearly and unify legislation and justice.Subsequently,suggestions were made to further improve the corresponding legal regulations,hoping to explore a road that complies with China's legal framework and balances both personal protection and industrial development.