Legal Protection To The Right To Internet Privacy

The right of privacy has been raised firstly in the ending of the nineteenth century, which had undertaken more than a hundred years of development and evolution. Now most of the countries and regions in the world have paid more attention to it and has been legislated to protect. On the contrary, presently, the right of privacy has not been definitely regulated as an independent civil rights in the laws of our country. During the practices of judicature, the behaviors of invading natural person's rights usually deal according to the behavior of invading the right of reputation, which cannot be accepted to the demands of social development. Especially the current years, due to the rapid development of the internet technology, it has been happened frequently some invading cases of the right of nature personal privacy, which have influenced our production and livings. If let this kind of situation spread without control and improvement, it will bring a negative and disadvantageous influence to the development of network technology. On this point, the author chooses this as the subject of this thesis.Right of privacy under the network is the projection and extension of the right of privacy in the environment of network, also is the new-emerged problem after the birth of internet. In order to enhance the right of privacy protecting under the network for the nature persons, the countries in the world, especially the developed countries have regulated in the forms of legislation, whereas the domestic legal protection measures are obviously lagged. In the view of this situation, the author has deeply analyzed on the right of privacy under the network and tried to find a properly correct way to the right of privacy protecting under the network in our country, which can realize the double goals of respecting and right of privacy protecting under the network for the nature persons, moreover promoting the prosperous development of the network industry.The thesis brings forth a specific introduction to the present situation of right of privacy protecting under the network and a profound research and analyze to the present problems, which bothered it and sets forth some concrete measures and improving advices for it in our country.This thesis is divided into three parts and the abstract is as follows: In the first part, it gives a detailed discussion on the concerned contents of the right of privacy under the network, which is discussed in four sections. In section one, there is an introduction to privacy and its concept, basic features and character, which gives us a comprehensive understanding and cognition to privacy and the right of privacy. In section two, it puts stress upon the discussions on network privacy and right of privacy under the network. It sets forth all-sided the concept and main content of network privacy and right of privacy under the network and their relationships. Right of privacy under the network refers to the privacy that formed when nature person is engaged in personal activities in the internet, and the shaped privacy when the personal privacy in the real environment is projected to the cyberspace. It is originated from the traditional privacy in the real environment, but it also has obvious difference with traditional privacy in the aspects of carriers and scopes. Network privacy refers to a peace private life that nature person enjoy in the internet and a kind of independently concrete right of personality which including private information protecting by laws without being illegally violated, known, collected, copied, made use of and published by others. Compare with the traditional right of privacy in the real environment and due to the technicality, character of publicity and fiction, which determined the obviously weak position that the subject of network privacy lies in the cyberspace. It makes the right of network privacy emphasis more to the positive control and use of the right of privacy. The right of privacy under the network mainly includes the right of knowing, determining and protecting. In the section three, it introduces the behavior of the network private tort which setting forth from behaviors, features and reasons of tort in detail from these three aspects. There are varieties of behaviors for network privacy tort and they are mainly represented from network service engaged, software and hardware equipments suppliers, managing departments of government, and hacker, all these four aspects, etc. The network privacy tort has the characteristics like multiplying in the subjects of tort, data in the objects of tort, double quality in object of tort and concealing in the methods of tort, etc. The reasons for the happening of tort in network privacy are upon to the publicity of the cyberspace, the fictionalization of network environment and the technology network application. In the section four, it discusses the legal responsibilities for the network privacy tort and puts more emphasis on stating the form of civil responsibilities that network privacy tort which should be taken. The author considers that for the behaviors of network privacy, it should take the civil responsibilities legally of stopping the infringement, eliminating the influence, recovering the fame, offering an apology and compensating the losses, etc.In the second part, it takes a deep research on the right of privacy protecting system under the foreign internet, which is discussed in two sections. The first section, it introduces particularly to the legislation for right of privacy protecting under the foreign internet, and makes a comprehensive understanding to right of privacy protecting under the foreign internet among the main countries and regions in the world. It has been enacted the laws and documents like, The Federal Law on the Right of Privacy, Law on the Right of Privacy for E-mail, and Law on the Right of Privacy for Children's Dialing Up, etc. sequentially in America, but with the purpose of innovation in folk, the American government has converted the enactment of laws to protect the right of privacy under the network to trade self-discipline. Being different from America, the countries in Europe all pay more attention to the forced action of the laws, and have enacted rigorous laws to protect the right of privacy under the network, and asked for both the privately owned organization and public organs to observe the same protection principles to personal document. The Hong Kong Special Administrative Region and Taiwan Region in our country also protect the right of privacy under the network by means of legislation. In second section, it compares and analyzes on the advantages and disadvantages between the two modes for right of privacy protecting under the foreign internet by laws, in order to explore an optimum mode which is suitable in our country. It can be seen from the analysis on the comparison with the two modes for right of privacy protecting under the foreign internet, in the view of the development of high technology, there exists obvious difference on the recognition in America and Europe, and the former makes emphasis on technical innovation, whereas the latter on protecting the right of human at all aspects. The differences between the selection modes of the twos have implied the two different profits selection actually, that the former focuses on profits of the industries, and the latter on the profits of personal privacy. To coordinate profits and make a balance, enduring a long-term of contacting, exchanging and coordination between America and Europe, there has the tendency of developing in an assimilation direction for right of privacy protecting under the network, i.e. the legislation regulations becomes the basic mode of right of privacy protecting under the network gradually, while the protection standards also becomes closed day by day.In the third part, it has raised some perfect measures directed to the domestic right of privacy protecting under the network, which is discussed in three sections. The first section, it introduces particularly to the general legislation situation of the right of privacy protecting under the domestic network, and sets forth at three aspects of the main origination of the legislation, the major lacking of the legislation and the chief problems to face. The second section, it explains the optimum selection to the mode of right of privacy protecting under the network in our country, namely major in legislative protecting, and supplementary in trade self-discipline, proceeding from the development tendency of the domestic network and the current situation of the right protection. While the third section, it has been centered around expressing the establishing of the right of privacy protecting system under the domestic network, which is establishing a perfect protecting system by laws, enacting special laws on protecting personal information, meanwhile, the trade self-discipline how to enhance right of privacy protecting under the network has been raised, including the detailed suggest on international cooperation.