论文标题:我国网络隐私权民事保护制度研究
On the Civil Law"s Protection to Privacy in Internet in China
论文作者 王春光
论文导师 赵军,论文学位 硕士,论文专业 法律
论文单位 吉林大学,点击次数 49,论文页数 58页File Size217k
2005-04-20论文网 http://www.lw23.com/lunwen_47530457/ 隐私权; 网络隐私权; 隐私保护
Automobile credit; Personal credit; Risk management; Risk precaution; Countermeasure and suggestion;
网络技术的迅猛发展,给社会关系调整器——法律带来了一系列的新课题,网络隐私权的保护问题已成为人们关注的一个焦点。本文首先从网络隐私权的基本理论着手,概括了网络隐私权的内容和特征,认为网络隐私权是未来网络法体系中基础性的权利。其次,归纳了侵犯网络隐私权的主要表现形式,正是因为侵犯网络隐私权的严重性,所以对其进行规范是十分必要的。再次,通过对两大法系主要国家网络隐私权立法的比较与评析,总结出网络隐私权发展的三大趋势——加强趋势、专门化趋势和国际统一化趋势。最后,根据我国网络隐私权法律保护的现状,从民法保护的角度提出构建我国网络隐私权民事立法体系的设想:在正制定的民法典中明确规定隐私权,同时在承认其具有独立的法律地位的基础上,制定网络隐私权法,以保护网络隐私。
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 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
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