【作者】 薛辉；

【导师】 黄文艺；

【作者基本信息】 吉林大学 ， 法学理论， 2007， 硕士

【摘要】 本文分三个部分论述了网络时代隐私权。第一部分介绍了网络时代隐私权的基本问题,网络时代隐私权有别于传统意义上的隐私权:它具有一些新的特性,所保护的法律关系也不同于传统隐私权,侵权方式也发生了变化。第二部分介绍了外国对于网络时代的隐私权保护所采取的一些模式,文中主要介绍了美国模式、欧洲模式和日本模式,这些保护模式各具特色、各有优缺点,通过对不同模式的介绍和比较分析,为我国网络时代隐私权保护提供借鉴。第三部分针对我国的现状提出了对于网络时代隐私权保护所应采取的原则和方法,在保护网络时代隐私权的时候,要注意利益衡量原则,避免在权利保护上的偏向。针对网络时代隐私权的人格和财产的双重性质,我们应该在一定程度上赋予其财产权的属性,与此同时,我们还需要注意在保护隐私权的同时,不阻碍信息的正常交流,实现个人信息权利主体与个人信息收集者、利用者的双赢。面对我国网络技术的迅速发展以及我国传统上隐私权保护薄弱的现状,笔者指出我国目前可行的方式是以个人信息保护专门立法为主要手段,综合运用个人信息主体自我保护和信息收集者的行业自律。更多还原

【Abstract】 The legal concept of privacy was formally established by American scholars Warren and Brandeis in 1890. They wrote an article entitled The Right to Privacy, which was published on Harvard Law Review. The value foundations of privacy are different in the United States and the Europe. The concept of privacy in the U.S. is based on freedom, but on human dignity in the latter place. So far there is no formal definition of privacy. Warren and Brandeis advocate that the privacy is“the right to be alone”in The Right to Privacy. The“the right to be alone”has now become a popular view of privacy, assuming that the right of privacy is to isolate themselves from society, as well as personal affairs from public affairs. Therefore, to be alone is the core of privacy. In addition, there are other views. For example, some people think privacy is the autonomy of intimacy, some consider it as the freedom of personal life, and others deem it to be the reservation of information, etc. However, we found that the system of privacy right itself is in constant expansion. At the time of Warren and Brandeis, most people think privacy is just to be alone, but now it extends to information privacy, talking privacy and privacy in network environment, especially the privacy of self-determination and intimacy, even including autonomy and self-determination. With the emergence of Internet technology, it puts us into a great information explosion age. Network not only brings us lots of information, but also threats to our privacy.In the period of network, torts for invasion of privacy are focused on the collection and usage of personal information improperly, because personal information plays a decisive role in e-commerce. Faced with such situation, in order to protect personal privacy while not impeding the normal flow of information, some countries introduced legislation related to personal information, endowing people with their personal information right. First is the right to conceal personal information. Citizens have the right to hide their personal information. Second is the right to control personal information. That is to say people will be the main power to decide how to use personal information. Third is the right to use personal information. The person who owns the information will use it to meet their own spiritual and physical needs. Fourth is the right to dominate personal information. People can dominate their own data, allow or forbid others to know or use their personal information. Fifth is the right to earn from personal information. People have the right to request the rightful holder of information to pay for the commercial value of it, which they provide. Sixth is the right to know the usage of their personal information. Namely people have the right to know what their information is used for and how it is used. Seventh is the right to adjust information. That is to say, people can amend their information according to the real situation. Eighth is the right to protect personal information. Namely when their personal information is leaked or been infringed, people have the right to seek judicial protection. At the same time, we also regulate information collectors. They must perform the following duties: First, the obligation of legal collect. Personal information must be obtained through legal means. People who collect information must have the right to a clear mandate. It is prohibited to collect information when people who have the data don’t know, and it is also prohibited by means of deception or coercion to obtain personal information. Second is the obligation of rational use. That is the owner of information (not the person who generates it) must comply with the agreement or authorization to use the information. It is prohibited to abuse the right. Third is the obligation to apprize. The owner of the information must tell the person having the data that why they collect the information and how to use it. Fourth is the obligation to ensure information integrity. The owner of the information is prohibited to alter, add or delete the information in any way. Fifth is the obligation to keep secret. The owner of information should keep the information which they master and use as a secret. Some countries also adopt self-discipline to ensure the normal exchange of personal information.In our country the research on privacy starts late. So far the right of privacy is not an independent civil right in our laws. The protection of privacy is indirectly through the protection of portraits and honorary. The privacy in network and e-commerce is also a new subject. This situation in our country is uncoordinated with the level of protection of privacy in other countries and the development in the Internet age. China should learn effective protection methods from foreign countries. At the same time, we must follow principles: first, the principle of the measuring interest; second, the principle of seeing person information as person property; third, the principle of making the owner of the information and the person who have the information both win. With these, we could protect personal information by specific legislation of the government, self-discipline of the industry and the self-protection of the user.更多还原