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Research On The Protection Of Network Privacy Right

Posted on:2017-01-25Degree:MasterType:Thesis
Country:ChinaCandidate:P QinFull Text:PDF
GTID:2336330503965880Subject:Law
Abstract/Summary:PDF Full Text Request
The rapid development of the Internet industry subverts a lot of industry development model, and dramatically changes people’s ideas and living condition. Invariant is relative, the only change is the eternal, people trying to adapt to Internet era of change gives the world surprise and fear. With the rapid development of net work information technology, network as the carrier of information, with the source of great universality, content of great richness and acquired great convenience of quality characteristics, is pervasively spreading to citizens, society and the state, which leads to the citizens of the private sector in a compressed, personal information data in stolen and personal activities in infringement; also leads to the new trend of privacy infringement characteristics, from slow to spread,a small range of individual, and the characteristics of the small in fluence for privacy violations, is gradually to the group, large-scale, rapid spread and cause public opinion direction. As a result, a new term with a limited space meaning is entered into the public view, that is the right of network privacy. The author believes that network privacy right has the obvious characteristics of the times, but it does not mean that the emergence of new kinds of rights, nor deny the traditional right to privacy, but the right of privacy is more complete; it is the right to privacy and network running- in process and evolved a new form.To solve the dilemma of Internet privacy right protection is the purpose of this paper. Firstly, the paper outlines the basic content of the right of privacy of the network, and people can have an initial understanding of the overall situation of the network; then specific analysis the mode of protection of the right of privacy in the European Union and the United States, tort imputation principle and protect the domestic actuality and shortage of privacy on the Internet, add the tens of thousands of words into the article, and give the author’s point of view. Finally, the author puts forward some humble protection opinion.This paper is divided into four parts:Part I: overview of network privacy. The analysis of legal concept is the foundation of legal research. From the concept, characteristic, compared with the traditional right of privacy and protection of meaning, this part will give a macroscopic elaboration. It limits range and the research direction of this paper, reveal the necessity of writing this article, and systemly analysis the nature and objective elements. Through introducing the theory of debate parties, the summary and analysis, put forward the author’s point of view.The second part: The protection mode of the network privacy right of the European Union and the United States and its use for reference. In this part, we introduce the protection of foreign countries, details of the advantages and related experience, and then provide some enlightenment for our country to protect the method.The third part: The status and deficiency of the protection of the right to privacy in our country. This part first introduces the relevant laws and regulations and the reality of the protection of the industry overview; Then from the legislation, the burden of proof responsibility distribution, competent authorities of the network supervision and industry self-discipline four perspective, analysis of network privacy protection exists.The fourth part: Suggestions on improving the protection of network privacy right in our country. In this part, the author puts forward some suggestions on the protection of the network privacy from six aspects, such as the perfection of law, the strengthening of the role of the case guidance and industry self-discipline.
Keywords/Search Tags:Network privacy right, Legislation, Industry self-discipline, Burden of proof, Case guidance
PDF Full Text Request
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