On The Protection Of The Network Right Of Privacy

The central task of this article is to discuss the legal protection of the network right of privacy which is the fundamental human rights. This article elaborated the legal protection of network right of privacy from the outline of the network right of privacy, the present situation of protection, and the countermeasure of protection this three aspects. This article are aimed at providing theoretical foundation for research and system construction of the legal protection of network right of privacy from compares and uses for reference, and putting forward the proposal of consummates.The first chapter, the outline of the network right of privacy. This chapter is composed of four parts. The first part of this chapter is to analyze the new questions and new challenges that cyber times present to the right of privacy. Development and application of modern Internet, is a"double-edged sword". On the one hand, the information collection, the dissemination and the management and so on have been provided the convenient conditions along with the appearance and development of Internet and electronic commerce, development of social politics, economy, culture, science and technology, education and so on have been given positive promotion actions. On the other hand, individual right of privacy encounter the unprecedented threat, entire society faced with politics, law, moral ethics and so on many questions as a result of quickly information dissemination. It includes three main problems: the first is the problem of individual data, the second is the problem of individual correspondence, the third is society and economic problem. The second part of this chapter, I elaborated the concept and the characteristic of network right of privacy. This part is divided into two levels to elaborate. The first level is the concept of network right of privacy. The network right of privacy is refers to a kind of personality power that citizens enjoy the personal life peaceful and the personal information receives legally protection on-line, without other people illegal infringement, learned about, collection, duplication, public and use, it also refers to forbid to reveal some sensitive information relate to somebody personally, including fact,image as well as slander opinion and so on. The second level is the characteristic of network right of privacy. Besides characteristics of specificity, secret, impossible to give up in nature that the general right of privacy contains, it also has some new characteristics: The development of Internet and the computer science technology caused collection and disseminate individual privacy easily compared to at any time in the past. The network right of privacy has the expansion in the object scope compare to the general right of privacy. The network right of privacy has dual attributes: invisible property right and personality power. The third part of this chapter introduced the type of network right of privacy. Including three aspects: individual information which can be identified, individual activity and private affair, individual domain. The fourth part of this chapter is the content of the network right of privacy. Including five aspects: the right to know of privacy, the recall right of privacy, the revision right of privacy, the request remedies right of privacy, as well as the decision-making right of privacy. And had analyzed specific content of the network right of privacy.The second chapter, present situation analysis of network right of privacy protection. This chapter are divided into three parts, classified by the country and the local. The first aspect is the present situation of the network right of privacy protection of American. Including two levels. The first level, discussed the legislation principle of the network right of privacy protection of American. Including officially informs principle, which is the most basic principle. It refers to when the government or the enterprise collects individual information of citizen. They must inform the citizen the situation of the related collection of information. Otherwise the citizen is unable to decide whether to give to disclose as well as to disclose to what kind of degree with their individual information under the full understanding premise. Option principle, refers to the citizen has the complete decision-making power regarding the application goal and application method of collected individual information. Channel and participation principle, refers to the citizen have the right to consults related individual information which the government and the enterprise collects, and is authorized to question the accuracy and the integrity of the information. Security and complete principle, refers to the government and the enterprise should adopt enough measures in the management and the technical to prevent information consult, the damage, the use or disclosed without authorization. The second level, is the pattern of network right of privacy protection of American. Regarding the network right of privacy protection, American has always advocated solves by the profession self-disciplinary. To sums up, American's protection right of privacy autonomy mechanism mainly has the following several forms: Constructive profession instruction; Technology protected mode; authentication plan of network right of privacy; Safe port pattern. The second part is present situation of the privacy protection in European Union. Compares with the US, European Union pays great attention to protect the security of individual material through the legislation. The third part is the present situation of the network privacy protection of our country. At present, the legal framework of complete protection citizen network right of privacy in our country have not forms, only in some specific laws and regulations involves the network privacy or the network right of privacy, we should formulate a special network right of privacy law.The third chapter, the countermeasure research on the network right of privacy protection of our country. Profits from the successful experience of European and American various countries in the individual material protection, and unifies actual national condition of China, when seeks a balance between the development network economy and protection privacy, may consider adopts the measure includes: The legislative aspect, should consider fully the specification and the reality possibility, but should also have enough foresightedness. The principle of network privacy protection at the information age must makes every effort to be balanced: Both must guarantee the privacy to free from aggression, and cannot cause the privacy protection to become the barrier of the information free flow. Specifically speaking has the following several aspects should diligently: First and also the most important, clear about the status of the right of privacy if wants to protect the network right of privacy. Next, must carry out legislates alone specially aim at the network right of privacy, so that special protection of the network privacy can be realized. Once more, when legislation, must pay attention to the following several aspects: On the one hand is reasonably balanced relations interest of each kind of privacy. Must set up the correct idea of privacy protection and the guiding principle of legislation. On the other hand, realizes the right of privacy is multi-skill right: the personality power and the property rights. Finally, absorption overseas experience modest, adopts network right of privacy protection system that primarily take legislates the rules and regulations, the profession autonomy and the government guides as the auxiliary. Finally this article has given the briefing about the primary coverage which should have to the network right of privacy law. The administrative law enforcement aspect, there has a close relationship between the informationization project of the government and protection system of the network right of privacy. Must deal well with the two relations, the government informationization must pay attention to the fulfillment to the duty of inform. The government collects the network personalization information of users, must inform the information content and the usage collects. Besides the law has explicitly stipulation, must guarantee that the user has the full option. Otherwise, the more the government collects the network personalization information, the more serious the degree violates network user's benefit, this is request inevitably about act of government coming into the open and the citizen right to know safeguard. Moreover, the government collects individual network information should insist the validity and the necessary principle, need to pay attention to assurance. Standard government's collection behavior through formulation corresponding legal proceeding, guarantees the validity and the necessity of its behavior. The government should also strengthen the practical and feasible computer network moral education, enables the people standard their network behavior by the moral rationality, realized that destruction, cheating, larceny and so on with the aid of the network is non-morals or illegal, thus ceases any malicious network privacy abuse of authority from the source. Judicial aspect, when citizen's network right of privacy suffers the violation, may mention the lawsuit request damage compensate. Namely transforms by the indirect protection pattern as the direct protected mode. The profession autonomy aspect, the network service provider and take collects or processes individual data as the primary service profession, may develop autonomy mechanism of right of privacy protection suits the national condition and own characteristic, carries out the right safeguards individual data. Only then network consumer possibly establishes the use confidence, further promotes the electronic commerce benignity development. The network user aspect, network consumer should raise own conscious of right of privacy protection, this can take the effective action to protect the right of privacy.Finally, this article draws the conclusion to believe that it is the request of time development and the inevitable result to strengthen and consummate the right of privacy protection. As an important domain of right of privacy, must take seriously and to pay attention to the network right of privacy, practical right of privacy protection needs the government, the entrepreneur, user's coordination, needs to legislate, the autonomy and the advanced technical organic synthesis. Both must be advantageous to the network right of privacy protection, and must avoid hinder the Internet industry. At present legal protection of the network right of privacy in our country has just started, we must profit from the overseas experience, the display gaining control by striking, establish and improve our country protection system of network right of privacy, so that citizen's right of privacy obtain the maximum limit protection even in the hypothesized world.