Dissertation > Political, legal > Legal > UNIVERSITY > China and France

The Legal Protection of the Rigth to the Internet Privacy

Author YangKe
Tutor DongJinYu
School Jilin University
Course Legal
Keywords Network Privacy Legal protection Personal Information Personal data Network environment Personal Information Networking Industry Technical protection Privacy Consumer
CLC D913
Type Master's thesis
Year 2004
Downloads 487
Quotes 2
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In the high-speed development of information technology in today's society, the popularization and application of the Internet in people's lives, while learning, sharing a great convenience, but also the protection of the privacy of personal online huge challenge. To this end, countries around the world to be regulated by legislation, industry self-regulation and technical protection. The elaboration of a comprehensive and systematic form and characteristics of invasions of personal privacy on the network, trying to learn the theory and practice of other countries, combined with China's current legislative status quo, to put forward their own proposals. The paper is divided into four parts, the basic contents are as follows: The first part describes the traditional concept of privacy in a network environment characteristics. Privacy encompasses three aspects: first, personal information, use and maintenance of the right; private matter or the private lives of concealed or withheld rights; Third, to maintain personal spheres of life without interference and violations of rights. Specific to the privacy of the network, have characteristics different from traditional privacy. : First, enlarged the scope of privacy protection. In a network environment, privacy, personal data (ie personal information), personal data compared to the traditional sense of privacy there is a wider range of content, including the individual's name, sex, height, race, blood type, health, more address, etc.; Privacy dual nature. The traditional theory is generally believed that privacy is the right to an independent personality, belong to the category of non-property rights, privacy in a networked environment already has the attributes of property rights has commercial value because of its subject matter - personal data will be collected, and the use of even trading; the third, Privacy complicated. Traditional privacy mainly as a negative right, that exclude unlawful infringement, knows the collection, use, open a right, in a network environment, the more of a positive right, including the right to control over personal data and damage relief. Summarized in the second part of the network form of invasion of privacy, mainly reflected in four aspects: in the collection of the data of others, including violations of the content of communications (usually \others privacy of correspondence or ISP mail to its customers the illegal transfer or off), require consumers to provide a too detailed personal information, malicious tracking analysis (mainly use Cookies technology) into a computer system, such as infringement; others data the spread of inappropriate disclosure of operators, malicious spread is more common tort means; others data use, mainly to be used for commercial purposes; transactions in the data of others, mainly for the exchange of personal data trading and personal information. The third section describes the United States, the European Union and other countries and regions of the system of protection of the network privacy mode and evaluated. 1, the industry self-regulatory mode. On the protection of personal data on the Internet, the U.S. is not in favor of too much pressure is applied by strict legislation, the network service provider, but by the network company or industry entities to develop behavior guidelines or privacy standards for the industry, for the industry's privacy protection demonstration. The most important industry self-regulation model has two: the recommended industry guidance and online privacy certification program. EU Legislation of mode. Unlike the United States, the European Union stands for strict protection standards, and the establishment of the Special Committee, the request of the privacy of electronic transactions in other countries and the European Union, the EU personal data protection standards established network upgraded to international standards. 3, protection mode. By some privacy protection software, consumers enter a site collects personal information when the software will remind consumers what personal information is being collected by the consumer to decide whether to view the site, or by consumers preset only allowed to collect specific information in the software, in addition to the information is not allowed to collect. 4, Europe and the United States are two modes of evaluation. Europe and the United States on the development of the Internet is different, reflecting the different understanding of the high-tech development, which also contains the values ??of the differences, the same time, the international competitive environment, the inevitable outcome. Part IV formulation of privacy protection legislation the status quo and to put forward legislative proposals. So far, China has yet to privacy as an independent personality right in law to be determined, no special privacy protection laws and regulations, be attributed to the right of reputation only in the judicial practice on privacy protection, or as a general the personality interests one, then how to protect the privacy of individual citizens and internet privacy China is currently facing a severe test. The principle of the protection of privacy of the information age should be 11 necessary to ensure that privacy is inviolable, without protection of privacy can become barriers to free flow of information and thus play its economic value is balanced. In my view, should learn from the experience of foreign countries on the basis of privacy issues on the network, according to its own characteristics, combined with China's actual situation, the use of various forms of combined way, network privacy protection in specific measures, the following recommendations: 1, formulating relevant laws as soon as possible. Including explicitly Privacy independent legal status, develop special legislation and special legislation, and can refer to the practice of international organizations and other countries to establish the personal data protection principles. 2, improve the network industry self-regulation. China's network industry should unite to develop industry guidelines for online privacy guidelines require the adoption and implementation of various websites posted Privacy Terms comprehensive inform netizens website of data collection behavior. 3, clearly the responsibility of the ISP network Privacy. It is necessary to set certain obligations to the owners or operators of the network, check obligations, the obligation to notify, reporting obligations, collaborative obligation to reply obligations. 4, to strengthen the self-awareness of internet privacy. For example, do not easily leaked information can be identified: the refusal to accept any unnecessary Cookies, Clear Internet records in a timely manner;, try to use the E-mail anonymous or e-mail encryption before sending. 5, the effective use of technical means to protect the network privacy. As previously mentioned software designed by Microsoft technology to protect the most famous eleven platform for privacy preference (P3P). 6 of online privacy protection, international cooperation and coordination. We should

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