The Study On The Legal Protection Of Copyright And Privacy In The Electronic Records Management

With the development of human society, we have stepped into the information age. In this new era of information, electronic records are increasingly entering our life. In the electronic records management, besides adopting some technological and managing measures, we should also set down relevant legal protection strategy in order to meet the requirement of the law. In the legal issues relevant to the electronic records management, the legal protection of copyright and privacy is the most important one which the electronic records management institutions often meet. Just based on this background, the thesis focus on the issues of how to set down legal protection strategy according to the relevant laws and how to offer proposals for the amendment of the laws according to the new problems in the electronic records management.The whole thesis consists of three parts:Part 1 discusses the legal protection of copyright in the electronic records management. Firstly, the author introduces what is copyright and the general measures of copyright protection in the electronic records management. Secondly, the author expounds the copyright protection in the process of using electronic records. In this part, the author analyzes the issues about the fair use of electronic works; the copyright protection of multimedia works; the copyright protection of electronic database and some copyright issues about the electronic records management under the network environment. Finally, the author expounds the copyright protection in the long-term preserving and accessing to the electronic records.Part 2 discusses the legal protection of privacy in the electronic records management. Firstly, the author introduces the legal protection of privacy and personal data in worldwide national laws, and offers some proposal about the legislation of personal data in our country. Then, the author analyzes the action of impinging on privacy in the electronic records management, and offers some measures about how to protect privacy in the electronic records management. Finally, the author expounds the invasion of Spam to privacy, and offers some proposal about the legislation of anti-Spam in our country.Part 3 discusses the collision and resolvent of the legal protection of copyright and privacy in the electronic records management. In the analogue world, copyright and privacy do not collide. But in the digital world, the collision is inevitable because the copyright law do not consider the requirement of the privacy protection. In order to resolve this collision, we must make the interest balance between the laws.