The Research On Protection Of Consumers’ Privacy Rights In Network Transactions

With the rapid development of information technology, network electronic meanspopularize constantly and the application of the Internet penetrate every aspect of life. Manyof people’s traditional behavior patterns are undergoing profound changes, the traditionalshopping pattern is undergoing the impact from Internet. As the emerging product of era,convenient network trading is highly praised, the number of network shopping is growing andthe amount of network transactions is increasing rapidly. However, when the networkconsumption activities are flourishing and people are highly dependent on the network, theproblems of network consumers’ rights and interests are apparent in this context, especiallyprivacy protection issues.This paper defines the network transactions and consumers’ privacy as the breakthroughpoint, analyzes the performance that consumers’ privacy in network transactions are violatedat present and the current situation and the existing problems of consumers’ privacy protectionin our country, puts forward to the suggestions of improving consumers’ privacy protectionsystem in our network transactions combining with the relevant system of consumers’ privacyin foreign network transactions, divides into five parts to discuss the issues of consumers’privacy protection in network transactions.The first part defines network transactions and consumers’ privacy, which provides thebasis for following discussion. First, this part summarizes the concept and types of networktransactions and briefly summarizes main characteristics of it. Subsequently, thecharacteristics of consumers’ privacy in network transactions are analyzed through thedefinition of consumers’ privacy.The second part of this paper analyses performances that consumers’ privacy in networktransactions have been violated. These performances consist of three main aspects:consumers’ privacy information is improperly collected and is illegal analyzed and traded.Through the analysis of the three aspects, the author seeks to explain the challenges ofconsumers’ privacy protection and pave the way to discuss the suggestions of improvingChina’s consumers’ privacy protection.The third part focuses on the status and existing problems of consumers’ privacyprotection at present in our country. China has not legally recognized that the privacy is an independent personality right. The privacy provisions in law are so abstract and ambiguousthat they lack of maneuverability.The fourth part mainly lists the relevant system of consumers’ privacy protection in theforeign network transactions. At present, United States, European Union, OECD and otherdeveloped countries and international organizations have formulated relevant legal system forconsumers’ privacy protection in network transactions. The author introduces their relevantlegal system and advanced experience in order to help improve the legal system of protectionof consumers’ privacy interests in China’s network transactions.The last part of this paper mainly puts forward to the relevant suggestions of improvingthe consumers’ privacy protection in China’s network transactions. These suggestions include:improving the legal system of the protection of consumers’ privacy, establishing the basicprinciples of data protection of consumers’ privacy in the network environment, at the sametime, strengthening the industry self-regulation, educating network users to enhanceself-protection awareness. In addition, we should play the role of the relevant functionaldepartments, strengthen the supervision of the network operators and encourage insurancecompanies to carry out network hacker insurance business. The author hopes that thesesuggestions can help to improve the level of protection of consumers’ privacy in networktransactions in China.