The Study Of Issues On Network Right Of Privacy At The Age Of Big Data

Living in the age of big data, we are enjoying the benefits brought by the Internet all the time. From “people full of positive energy” to “Phubbing”, we become addicted to the comfortable environment created by the Internet. The development of anything is two-sided, and the Internet is no exception. We start to become transparent in the virtual world, which seriously encroaches on our privacy in the real world: infringement upon network privacy, human flesh search engine, disclosure of personal data, data trafficking, etc. In the age of big data, we’re living in an unsafe virtual society. For this reason, it is a top priority to protect the network privacy of netizens in the age of big data.This paper is mainly composed of four parts. Part One introduces the concept of privacy and network privacy and it includes four sections. Firstly, the concept of privacy is proposed. Secondly, the development of the connotation of privacy is referred to, which includes the development of common law system and civil law system. After that, network privacy is introduced on the basis of privacy. Network privacy is not a new personality right but the extension of privacy in the field of network. Finally, the characteristics of network privacy are analyzed. Although network privacy is evolved from privacy, it has new characteristics different from those of privacy.Part Two mainly proceeds from the classic cases of invasion of network privacy published by the Supreme People’s Court. The two cases selected are the case of Cai Jiming vs. Baidu and the case of “death blog”. The introduction and analysis of the two cases are made to lead to the realistic urgency of network privacy protection in the third section of this part.Part Three mainly introduces the limitations of the network privacy protection provided by the Chinese law. The discussion is made about the omission of network privacy protection in the Constitution and the defects of criminal law and civil law in terms of network privacy protection.Part Four puts forward the countermeasures and suggestions for China’s network privacy protection from four aspects: The first aspect is to establish privacy as an independent personality right when compiling the civil code. The Fourth Plenary Session of the Central Committee of the Communist Party of China has clearly proposed to “strengthen the construction of legal system of the market and compile the civil code”, which provides a good opportunity for privacy protection. The second aspect is to strengthen the guiding role of guiding cases so as to eliminate the problem of “different judgments for the same case” among different courts and to improve the judicial credibility. The third aspect is to implement the network real-name management system to effectively prevent infringers from avoiding their legal responsibility. The fourth aspect is to enhance netizens’ consciousness of individual privacy protection. It is necessary to normalize the network environment externally for both legal protection and network real-name management, but the key to network privacy protection is to enhance netizens’ consciousness of privacy protection.To sum up, how to protect privacy while experiencing the convenience brought by big data and to minimize the risk of privacy infringement is the purpose of writing this paper.