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Communication and Network Information Search Privacy Conflict Studies

Author: LiuWei
Tutor: SunXiaoPing
School: Fudan University
Course: Legal
Keywords: internet privacy right to know information flow
CLC: D923.8
Type: Master's thesis
Year: 2010
Downloads: 139
Quote: 1
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Abstract


In the information age, as the computers widely used and the internet business in the world’s popular, through the internet for private use of data collected so reached an unprecedented level, personal privacy protection of law has also become more difficult than ever, internet privacy is constantly attacked, this is a great threat and challenge for information network industry development and protection of personal privacy. Search engines have many business, most of the dispute is to track the search of people, hundreds of internet users through a variety of ways searching the same person, they are able to harvest all the information about a person. The rational use of network information is convenient for data collection and query, but abuse is invasion of privacy, there are conflicts between the two. In this article, the author related and analyzed the internet information search transmission development present situation, the meaning of existence, advantages and disadvantages, researched the conflict between it and network privacy, identified causes of conflict, discussed the legal responsibility of the site and the operators, found ways to protect the network privacy. Also the author learned from the experiences of developed countries, proposed her own opinion.Besides preface and conclusion, the essay is divided into five parts:The first part involves the transmission and search of the internet privacy. First, introduce the definition, scope, content and characteristics of the internet privacy. Then, based on the characteristics of the internet privacy, the author analyzes the characteristics of the obligors (internet servors) and clients’infringement.The second part refers to the conflicts of the privacy and the press supervision, speech freedom and the right to know the inside story. The part also induces the reasons for the conflicts. This induction lays a basis of further study of the legal duty of internet station and its operator and the protection of the privacy.The third part involves the comparison of protection methods between American guild-self-management model and EU law-based model. Then the author analyzes the weakness and strength of the two models and finds out the convergence.The forth and fifth are core parts. Through the searches of privacy protection legislation, the author introduces our country’s legislation characteristics and its obvious deficiency. The fifth part points to the problems in internet privacy and chooses a protection model which is suitable for China. Finally, the author puts forward the improvement approach.

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