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Research On The Legal Issues Of Privacy Infringement In The Use Of Civilian Drones

Posted on:2021-05-22Degree:MasterType:Thesis
Country:ChinaCandidate:H Y ZhangFull Text:PDF
GTID:2436330611964717Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
In recent years,with the rapid development of UAV technology and the continuous increase of people's ownership,UAV has been widely used in the civil field.While it facilitates people's production and life,civil UAV infringement is also increasingly frequent,especially the invasion of privacy.Civil UAV promotes the convenience of social life and infringes the privacy security of citizens.UAV with camera tracks,collects and stores specific information and uploads it to the UAV cloud,which destroys the privacy of citizens arbitrarily,disturbs daily life,and intentionally or unintentionally divulges private information.Compared with the traditional means of infringing the privacy of citizens,UAV has a stronger ability of infringing the privacy security,a higher rate of obtaining privacy,a stronger confusion of infringing privacy behavior,resulting in more serious consequences.How to make the existing laws better protect the privacy rights infringed by civil UAV and better manage the developing civil UAV field is the direction we need to think and explore.Based on the concept of civil UAV,this paper expounds the privacy security problems and the forms of privacy infringement caused by civil UAV,and then finds the general characteristics of privacy infringement caused by civil UAV.Then,on the basis of analyzing the shortcomings of existing laws when civil UAV infringes the privacy,it compares the relevant laws and experience of foreign countries,and summarizes the suggestions to improve the law of our country.In addition to the introduction,the article is divided into the following four parts:The first part is an overview of civil UAV invasion of privacy.This part first explains the concept of civil UAV,and introduces the development of UAV in our country,then analyzes three kinds of privacy security problems caused by civil UAV,and analyzes the particularity of civil UAV invasion of privacy,which provides a theoretical basis for the next part of the analysis of legal issues.The second part is about the deficiency of the civil UAV invasion of privacy.This part includes two parts: one is to analyze the root of privacy security problem caused by civil UAV lies in the lag of laws and regulations.The second is to analyze the problem that the subject of tort liability is difficult to identify and the responsibility is hard to divide when the civil UAV infringes the right of privacy due to the lag of the corresponding laws and regulations in China.This part belongs to the exploration of legal issues.Through the analysis of the legal deficiencies and loopholes in the composition of responsibility,the responsibility and the determination of the exemption cause when the civil UAV infringes on the right of privacy,we find that the lag of the first law in the protection of the civil UAV infringes on the right of privacy,which lays the foundation for the improvement of the last chapter.The third part is the analysis of the legal regulation of civil UAV invasion of privacy in the United States and Europe.This part includes two parts: the analysis of the legal regulation of civil UAV invasion of privacy in the United States and the European Civil UAV invasion of privacy,and the European Union and the United Kingdom as examples for comparative analysis,in order to provide legislative experience for China.The fourth part is about the suggestion of civil UAV invasion of privacy.This part is divided into three aspects: first,it is suggested that the constitution should clarify the legal status of the right to privacy;second,it is suggested to improve the legislation of UAV and clarify the legal attribute of civil UAV;third,it is suggested to clarify the legal responsibility of civil UAV for infringing the right to privacy by law.Through this part,I hope to put forward my own views and suggestions for the improvement of the status of privacy,the improvement of UAV legislation and the regulation of civil UAV invasion of privacy.
Keywords/Search Tags:Civil UAV, Rights of privacy, Subject of tort, Imputation principle, General Defenses
PDF Full Text Request
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