Study on the Tort of Privacy Right in Network
|Keywords||the privacy right in network tort protection modes|
Internet has already become a very important place for human social life in this digital era. But as well as it provides lots of convenience to people, it could results in transparency life and tight privacy space. The legal protection of network privacy has become an issue which must be solved by law system in 21st century.The paper maintains that the right of privacy is a personality right, which has dignity of human personality and it should be protected by law system. The right of network privacy is derived from the concept of the right of privacy, and it is primarily concerned with personal information, personal action and the dignity of human personality in private domain, on the other hand, it represents trade interests. The tort of the right of network privacy includes the disclosure and the business operation of user information; hackers, government, public security organs, employer and internet administrators record-keeping and tracking of others internet activity; and the unauthorized access to personal email inbox, chat account, blog and external memory.The article 36 of the tort law applies to the protection of network privacy. The subjects of the right of network privacy include only internet user and internet service provider; and fault liability principle is adopted in network privacy tort. The form of undertaking liability of tort of network privacy mainly consist of ceasing the infringing act, eliminating the dangerous, paying compensation, making a public apology, eliminating any negative effects and rehabilitation, etc. But the particularity of network should be presented when it comes to undertaking liability of tort of network privacy.The article 36 of the tort law is imprecise and vague, which results in the casualness in the usage of judicial operation. In order to strengthen the protection of network privacy, the legislative style in American and the European Union should be referred and the laws in China should be improved. This paper suggests that the protection of network privacy should be raised in rank; particular legal status for network privacy should be established; specific law of the protection of the network privacy should be drawn up. In addition, better self-discipline should be established and supervision mechanism should be improved so that the legal mechanism of protection can be organized.