| While people use the Internet extensively in daily life to provide convenient services,personal privacy is also facing great challenges.The network platform collects and utilizes the user’s activity traces through technical means such as cookies,and accurately pushes related services that conform to the user’s preferences to the user.This convenient service also has the possibility of directly or indirectly infringing the user’s privacy.The network platform obtains the user’s personal privacy through different technical means,and at the same time processes and analyzes the obtained information,which increases the exposure risk of user privacy and triggers a series of infringements on user privacy.At the same time,when users’ privacy rights are infringed,it is difficult to prove that the online platform constitutes an infringement due to the technical and financial inequality with the online platform,and the cost of proof is high,so they give up seeking remedies for rights.The occurrence of a series of infringements and the difficulty of seeking relief.Therefore,in judicial practice,how to determine that online platform tracking constitutes an infringement of user privacy is of practical significance for protecting user privacy.At present,the number of cases of infringing users’ privacy rights against online platform tracking behavior is gradually increasing.This article mainly adopts the case analysis method,A total of 298 relevant judgment documents were collected through non-litigation cases,from the plaintiff’s request,the defendant’s defense,the defendant’s infringement,whether the relevant matters were recognized as privacy,the judge’s basis for the judgment,and the results of the judgment.After sorting and analyzing,it is found that in judicial practice,there is an unclear distinction between privacy and personal information,the causality of online platform tracking behaviors infringing users’ privacy is not clear,and the identification of damage results is inconsistent,and the text of the privacy statement of the online platform is determined Issues such as inconsistent content effectiveness.In response to the above-mentioned problems,through the analysis of the collected cases,further improve the identification standards of the online platform tracking behavior infringing the user’s privacy.First,clarify the boundaries between personal privacy and personal information,and analyze and discuss the intersection of privacy and personal information involved in the Civil Code.Secondly,to further improve the constitutive elements of the online platform for privacy infringement,including the analysis of the diversity of infringing subjects,the appropriate expansion of the main methods of infringement,and the damage results.In view of the personal privacy being controlled by multiple online platforms,the presumption of causality is appropriately adopted,combined with common sense of life and the standard of high probability to determine the causality.With regard to the principle of imputation,the inequality of litigation capabilities between users and online platforms has resulted in users being in a disadvantaged position.Thirdly,improve the judicial review standards for the validity of the privacy statement text.For example,the privacy statement text should be presented to users in a prominent manner;the protection scope of the privacy text should include the user’s reasonable expectations of privacy and trust interests,etc.,so as to better clarify the network platform The validity of the text of the provider’s privacy statement.Finally,the standard of the amount of compensation for mental damage in the course of judicial practice is further clarified. |
