Study On The Protection Of Network Privacy Right

With the rapid development of network technology, computer is widely applied to everyfield of people’s daily life, The network itself is open, no national boundaries, to people’s lifeand work has brought convenience, but also provides an opportunity for some of the illegaluse of network infringement of the right of privacy. Network privacy tort will not only givethe infringee bring spiritual damage, affect the normal development of the society, but alsogive the infringee bring economic benefits to the loss, affect the market order. So, all thecountries of the world or by legislation, or by way of network service providers throughindustry self-discipline to strengthen the protection of privacy on the internet. Chinesescholars focus on the issue later, protective measures in practice is not perfect. Therefore, thispaper is carried out through the network right of privacy and the basic theory of foreign andHong Kong and Taiwan on Internet privacy protection legislation and protection modeanalysis and comparison, the hope can provide protection of network privacy right in ourcountry can be used for reference in theory and practice.This paper consists of five parts.The first part is the basic theory of the right to privacy of the network. This part mainlystarts from the privacy and network privacy right meaning, then the traditional right ofprivacy and network privacy right difference in the subject, object, content and the right ofnetwork privacy right attribute analysis of the three aspects, in order to define the basicconcepts and properties of the traditional right to privacy and network hidden the privateright.The second part mainly introduces the way of infringement of network privacy tortcharacteristics and to analyze the causes, and invasion of privacy on the network. This partmainly carries on the writing from three aspects. Divided into specific, first, enumerates sixkinds of network privacy tort way, there are improper access to others information, illegaltransfer of information to others, using computer viruses, by sending spam, the enterprisemonitor employee communications, the government excessive collect personal informationinfringement of network privacy right; Second, introduces the characteristics of the networkprivacy tort. Although the first part is to distinguish the traditional right of privacy and network privacy, but the characteristics of the network privacy right itself and thecharacteristics of the network, the network privacy invasion characteristic of particular note.The characteristics are mainly embodied in the tort means is highly technical, tort meansconcealed and long incubation period, the consequences of the violation the unpredictable anddifficult to protect, tort caused by the serious social harmfulness; third, analysis of the causesof the infringement of network privacy. In this paper, the reasons for the frequent occurrenceof network privacy tort mainly four points: namely, the drive of economic interest, thepopularity of Internet convenience and data collection, the prevention technology is backwardand infringement legal consciousness and value orientation deviation.The third part is to be introduced for the protection of network privacy legislation,foreign and Hong Kong and Taiwan legislative model and comparative analysis. This partfirstly introduces the United States the protection of network privacy legislation and industryself-regulation model and summarizes its characteristics; The second is the introduction of theEuropean Union and its major legislation in the protection of network privacy, andcharacteristics of the EU model analysis; third is the legislative protection of Japan, Canada,Hongkong region of China and Chinese Taiwan area and so on the network right of privacy isintroduced; Finally, through comparison and analysis of the legislation, legislative mode,name, application of law, adjustment range, in the hope of our network privacy protectionlegislation.The fourth part is the present situation of our network privacy protection and the existingproblems are analyzed. This part is divided into three levels. The first level is the introductionof our network privacy protection legislation and self-discipline status; the second level fromlegislation, industry self-regulation and netizen consciousness of self protection, analysis thepresent our network privacy protection problem; At the end of our network privacy protectionshould take is discussed, the author thinks, in our country, the right of network privacy shoulddepend on legislative protection, must also continue to strengthen the network operatorself-discipline. Namely, to establish the rich Chinese characteristics, mainly to the legalregulation, protection of network privacy right in the industry self-discipline as thesupplement of the model.The fifth part is to improve our network privacy protection suggestions. Including: first, to strengthen the responsibility of government, this is not only conducive to the prevention ofmoral decline, but also conducive to maintaining political stability; Second, to promote theprotection of network privacy right to a constitutional level, let the fundamental guarantee forthe constitution became the network right of privacy. Third, to promote the civil law, criminallaw protection of network privacy protection method and special and minors in the protectionof network privacy law; Fourth, at the same time perfecting the legislation to perfect theregulation of industry self-regulation legislation and strengthen self-discipline and moralconstruction, establish the self-discipline mechanism etc.; Fifth, to improve the network user’sawareness of self-protection, play an important role in the internal, reduce incidence ofnetwork privacy tort behavior fundamentally.