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On the Civil Law’s Protection to Privacy in Internet in China

Author: WangChunGuang
Tutor: ZhaoJun
School: Jilin University
Course: Legal
Keywords: Privacy Network Privacy Privacy
CLC: D923
Type: Master's thesis
Year: 2005
Downloads: 378
Quote: 1
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Abstract

With the popularity of information technology and internet application, right of privacy has received unprecedented concern and entered a new stage of development, i.e. the stage of privacy in internet. The development of information internet brought enormous threat to personal privacy. It is worth noticing that every country has already reached some common understanding on strengthening legal protection of privacy in internet. However, right of privacy has not become an independent right in China yet, let alone privacy in internet. The text tries to study privacy in internet from the angle of civil legislative protection. It not only sums up the main forms of infringing privacy in internet at information age, but also makes a comparative analysis on legislation of privacy in internet among the main countries of two world legal systems. At last, combining the legal protective conditions of privacy in internet in China, the author puts forward the idea of constructing civil legislative system of privacy in internet in China. The text contains four chapters altogether. Chapter one summarizes the basic theory of privacy in internet. Privacy' dissertation">Privacy in internet means that private living peace and private information which the citizens enjoy on the internet are protected by law. It is a kind of personal right which should not be infringed, known, collected, duplicated, disclosed and utilized illegally by others. With the appearance of internet which is a new type of means in transmitting information and data, privacy in internet comes into being. It forbids revealing some sensitive information which is related to the individual on the internet, including fact, picture and damaging suggestion, etc. Therefore, the nature of privacy in internet is protecting personal data. In order to protect the consumer’s right, the author thinks that privacy in internet should include right to learn the truth, right of choice, right to control, right of claim security, right of restrict utilization and right to compensation, etc. Internet has some characteristics, such as great information capacity, rapid spread speed, existing all over the world and low cost, etc. As a result, privacy in internet takes on the following characteristics: expanding of the object range constantly, the economic worth of content, strengthening and expanding of power and function, high technology of infringing means, serious consequence, etc. Fictitious internet makes the protection of personal right on the intenet different from realistic society. The efficient run of internet is closely linked to the efficiency and integrity of personal data. The development of electronic business is related with the protection of privacy in internet. Internet law possesses orientation of humanistic value. The author thinks privacy in internet is a basic right in the system of internet law in the future, so we must strengthen the study and protection of privacy in internet. Chapter two sums up the main forms of infringing privacy in internet. Firstly, collecting personal data illegally. On one hand, cookies have strong tracking and recording functions, which have extensive application, for example, individualized website, log in, target selling, do shopping on the line, website track and so on, but it also brings unprecedented crisis to the protection of privacy in internet. On the other hand, the danger existing inonline security causes personal data to be collected. Secondly, utilizing of personal data secondly. Commercial company deposites personal data collected on the internet in the special database, then processes and excavates data to get information with commercial value, applies it to the production and management. The trade of personal data is a special secondary utilization of personal data. There are mainly two kinds of form,selling data directly and interchanging data. Thirdly, interfering personal communication on the internet. It refers to inspecting with E-mails and send junk E-mails chiefly. It is a very general phenomenon to inspect e-mail on the internet. As a rule, there are two ways to obtain E-mail, obtaining from the user’s PC directly and intercepting from the user’s server. A large number of junk E-mails have wasted the user’s time and money and have caused the intension of the internet system, which causes ISP’s discontent and the customer’s complaint. Chapter three is comparing and appraising of legislative protection of privacy in internet between the main countries of two legal systems. This chapter compares and analyzes legislative protection of privacy in internet among England, America, Canada, France, Germany, and Japan. The author thinks different legal system and legal cultural traditions have little influence on the production and development of privacy in internet. On one hand, the level of legal protection of privacy in internet may differ greatly in the countries with the same legal cultural tradition, such as America and England. America not only confirmed the right to privacy to be a civil right by law in the form of case law early, but also issued a series of special legislation of protecting the right to privacy. But in England, right of privacy has notbecome an independent right yet. On the other hand, the level of legal protection of privacy in internet is equal in the country with different legal cultural tradition, such as America and Germany. Germany confirmed right of privacy to be a kind of absolute civil right through new judicial case after World War II and thereafter had made stipulations and explanations to relevant problems of right of privacy. Through comparing and appraising above, the author thinks legislation of privacy in internet will be enhanced constantly, and will take on the trend of specialization and international unification. Chapter four dissertates legal protective conditions of privacy in internet and construction of civil protective system of privacy in internet in China. The constitution of our country enacts right of privacy as a general regulation only in terms of fundamental law. As the most important branch law, civil law has not stipulated the protection of the right of privacy directly. It induces to protect right of privacy through civil judicial explanation and the protective mode of right of fame in practice. Other provisions on administrative statute of the internet are inconvenient in practice, in view of low legislative efficiency, vague legal provisions and lack of responsibility clause. In general terms, the current legal protection of privacy in internet is relatively weak in our country. The protective system of right of privacy is not perfect and there is no legislation of personal data like American and European countries in our country, which makes it difficult for the victims to defend their own interests by resorting to legal proceedings when privacy in internet is infringed. At last, the author puts forward some ideas of constructing the system of

On the Civil Law’s Protection to Privacy in Internet in China

Abstract

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