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The Protection of Privacy in Network Environment
Author: LuYin
Tutor: DaiYongSheng
School: East China University of Political Science
Course: Civil and Commercial Law
Keywords: Network Privacy Tort Damages
CLC: D923
Type: Master's thesis
Year: 2011
Downloads: 67
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Abstract
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With the advancement of technology, network technology to the rapid development and wide application. Network as a double-edged sword, to bring convenience, quick and huge interests at the same time, network openness, freedom, occult and liquidity to the protection of privacy in the network environment by the unprecedented challenges . The network technical conditions for invasion of privacy, infringing way more and a wider range. In reality, the case of violations of this kind of privacy is gradually increasing. The legal protection of privacy in the network environment has become an important issue. This is not only related to the healthy development of the network, also has profound implications for the political, economic and cultural aspects. Use a combination of theoretical explanations and comparative analysis method, grasp the connotations of privacy in the network environment, the characteristics and content of the theory, combined with the privacy issues in the network environment, the behavior of the infringement of privacy, infringement discussion of the problem of the constituent elements of behavior and responsibility, on the basis of research and analysis of the the world existing network protection mode, the protection of privacy in our network environment should be taken to the Legislation of the main industry self-regulation, supplemented by the mode, and gives some countermeasures and suggestions. This article on the subject of research and analysis, aims to establish and perfect the system of legal protection of privacy in the network environment in China, so our network economy to sustain a healthy development. This paper first chapter of the meaning of the right to privacy outlined, followed by the introduction of the contents and characteristics of the Privacy, then the concept of privacy in the network environment to define and elaborate the right to privacy in the network environment differs from traditional privacy the right of the main content and features, which leads to the necessity of protecting online privacy and particularity. The second chapter analyzes the reasons of privacy issues in the network environment, as well as the behavior of the infringement of privacy, the traditional means of protection of privacy can not adapt to the protection of the privacy of cyberspace. Also, Intro four constituent elements as well as the main responsibility for privacy violations in the network environment and how to take responsibility. The third chapter discusses the mode of the world on the protection of privacy in the network environment, focuses on the American model and the European Union model, and comparative analysis of these protected mode, for China to learn from experience. The fourth chapter is the focus of this article, concrete analysis of the current situation of China's network environment Privacy legislation, as well as the main problems. Based on the third chapter of the pros and cons of the various protection modes analysis, China should learn from the industry self-regulation and Legislation of the advantages, combined with their own national conditions, take to the legislation system, supplemented by industry self-protection mode, and for the network environment The legal protection of privacy should follow the basic principles and corresponding countermeasures and suggestions. The protection of privacy in the network environment is a major systems engineering, the need for legislation, and the combination of self-discipline and Technology, to make our network privacy protection to obtain practical results, the economic development of China's network to a new level.
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