"Zhu v.baidu company privacy dispute" is the first case,China's Internet infringement of cookies in the information age,network activities trajectory fragmentation information has more and more important business value,thus,which is based on Internet technology,collect personal networking activities trajectory information and commercial use of the phenomenon more and more,but wasn't clear stipulation on the current legislation in our country,the theory also lack depth,a,in the case of second instance court decision has taken a different theoretical basis.In addition,due to the lack of perfect laws to support the protection of personal information,it has aroused controversy in judicial practice.Focus in this article,through in-depth case facts and law,especially a careful reading,criminal judgment,to explore the case theory of clues,will this case refraction by the privacy of personal information and theoretical introduction to the current practice of Chinese reality of network data,to rethink,research related theory and concepts,to point out the shortcomings of the current legal construction and defects,emphasis on big data era should face up to the reality of infringement of personal information.At the same time,this paper tries to summarize the case the court's legal reasoning process,through the comparison of two different aspects of the court,analysis of the court's controversial focus,and then puts forward his own opinion of the court's reasoning process,on this basis,put forward the views of perfecting our country's personal information protection and the related protection for infringement of cookies. |