Personal information of the network to establish the right system - from the network about infringement

Abstract: The flexibility of the network to the network because of its mobility is different from the general tort infringement cases in the growing number of online infringement cases, the relevant legislation, the judiciary failed to follow up. In view of this phenomenon, the key lies in establishing a network of personal Information rights system . faced with different branches of Law situation, the right of personal Information should the network where to stArt, this Article from the current situation of network infringement and legislation, establish the right to discuss the need for personal Information.

Keywords: network, tort, personal Information, legislative status, system building
With the gradual spread of network, the Internet is gradually into every sphere of life of our citizens. In this regard to facilitate people's daily lives, it also makes the Information of every citizen of the state tends to unrest. Every citizen personal information, personal life may be exposed to the majority of Internet users, under the public eye. for increasing the current network status of infringement, how to protect from the legislative and judicial aspects of everyone's information security, reduce network infringement phenomenon, worth considering.

The so-called network infringement, refers to computer and Internet users and network service providers of information through the Internet encroach upon state, collective and individual Civil rights and interests. Online infringement carrier for the network, leaving the network, this pArticular violation will be lost meaning . Compared with the general tort, the network in violation of Civil rights violations, violations were subject, tort liability were the main, their ways of responsibility are very different, reflecting the complexity of network infringement, special.

1. Network is simple, the network violations may at any time and place to commit tortious acts, without high level of technology and investment, the possibility of Law is clearly higher than that of other violations.

2. Web site randomness tort, jurisdiction can not adapt to the traditional characteristics of cyberspace. Jurisdiction can not be determined, the evaluation of state organs responsible for public security is also difficult to keep up.

3. Network infringement hard evidence, the seven categories of Civil Procedure provides evidence of the network such evidence is not evidence of infringement cases as well. The pArty type of legal evidence is not evidence of the range, it is difficult to produce legal effects. Networks spread quickly, when evidence is difficult to find the original evidence to prove that force will be discounted accordingly.

4. Network infringement and spread rapidly, damaging time-sensitive, without printing paper and other traditional media information communication carriers, by virtue only of the invisible network of high-speed operation, resulting in the rapid expansion of infringing content, the wide stretch.

Networks also propelled the water forces the main network is difficult to determine infringement, a variety of ways
It is because of the special nature of network infringement, making the security of personal information at risk, it is necessary through legislative provisions and judicial procedures improved, to protect personal information.

July 1, 2010 implementation of the <<Tort Liability Act "> Article 36 violations on the network has made special provisions," Internet users, Internet service providers use the Internet against the Civil rights of others, shall bear tort liability. "This articles made of a network of violations according to the Law, but the articles are too simple, the implementation is not strong. As networks became popular in life, there will be many related issues. To really solve the network violations, there is personal information is to establish the right system.

What is personal information, theory and practice to make the definition of personal information vary, there are privacy and identification, said that two kinds: personal information privacy, said that means the individual or individuals do not want to disclose the sensitive but not would like to know the personal information of others, recognition that all that personal information is sufficient to constitute personal identification information such as name, gender, height, blood type, residence, occupation, property and marital status were included.

Privacy is subjective to the point, that is unwilling to disclose their own, since that sensitive information, and recognize that weight is the objective, that is objectively identifiable information for others. I believe that to recognize that the main, adopting both said more privacy reasonable. privacy itself is a very uncertain concept, the same information, may often be a person that is privacy, and another that is not privacy, is often difficult to determine the standard. and privacy that apply to real action, also need to prove that a message is indeed their own privacy, which involves the recognition that at this time. privacy itself does not determine if the re-use to define the privacy of personal information is clearly unreasonable, and to identify that the main, adopting both the privacy that can define which personal information directly, and what can be drawn in addition to their personal information than others, "action may not."
Current domestic legislation on the protection of personal information are Civil Law, administrative Law, Criminal law. After which the provisions of the Civil Code and more protection, after the protection is also limited to tort liability, breach of contract after the protection and establish the right of personal information based on advance protection is not established.

Civil law protection of personal information related to the primary legislation are Civil Law, Tort Law and other laws and judicial interpretation. <<Civil Code "> Article provides that" citizens, legal persons of civil rights and interests protected by law, any organization or individual shall not be violated. "can be regarded as personal information protected by the fundamental basis of civil law," <Tort Liability Act "> on the network to make provision for infringement. To provide a guarantee for protection of personal information. But there are still inadequate legislation, lack of systematic protection of personal information, only find from the fragmented regulatory basis, the lack of prior protection. reposted elsewhere in the Research Papers Download http://www.hi138.com Criminal law, Criminal law amendment added seven private information to protect the public safety provisions, the community reacted strongly to the current The illegal sale, distribution, theft of public information, to cause the phenomenon of serious violations of privacy be included in the scope of Criminal prosecution, an increase of illegal sale, sell, offer to steal personal information from citizens of the crime. fifty-three added after the 刑法第二百one, as one of two hundred fifty-three: "State organs or financial, telecommunications, transportation, education, medical and other units of staff, in violation of state regulations, will be the units in the course of performing their duties or provide services to the citizens to obtain personal information, sold or illegally made available to others, the circumstances are serious, imprisonment or Criminal detention, and concurrently or a fine. stolen or otherwise illegally obtained such information, the circumstances are serious, shall be punished in accordance with the preceding paragraph. units of committing two crimes to be sentenced to a fine, and directly in charge and other directly responsible personnel shall be punished in accordance with the paragraph. "criminal object of the amendment will be limited to e-mail from the original, expanded to include all individuals do not want the public generally aware of the individual routines, crime is not limited to unauthorized way open, conceals, destroys, and including the sale of new and emerging or illegal to provide, stealing behavior. but the article only the main provisions of crime limited to the national staff, are crimes of status. can not protect the existing daily life, a large number of individual violations of the right to information act. be stipulated in the Penal Code is also unrealistic.

Criminal Law can be seen in all times of life may be leaking or illegally obtain personal information, but minor behavior is helpless. Regulation through administrative side related behaviors related to personal information is reasonable. With the social progress and development, government departments, authorized to exercise the functions of the organization, often the collection, preservation, processing a large number of personal information, and violation of personal information about the behavior of the people live a normal life, the use of administrative means to be an appropriate intervention is necessary, but in the administrative method to adjust the process, because executive authorities involved, the program may become strict solution to the problem as civil flexible.

Personal information processing activities, involving the personal information of others with my personal relationship between, in essence, is the relationship between equal entities. Belong to the scope of autonomy for the civil, the adjustment should be by the legal norms of civil law commitment. At the same time, compared with its law, civil law protection of personal information is also low cost, high efficiency, flexibility and convenience advantages.

The current civil infringement of personal information, personal networks infringement protection, the most important is the lack of a right upper Keyi notion that the right of personal information. Of course, many related to the lack of detailed regulations and procedures supporting specifications. Recommended the legislature first In the Civil Law should be added to the right of personal information, you can also develop the Personal Information Protection Act, disclosure norms through legislation, dissemination and use of information act. for citizens within the legal framework, including Internet users to express their views, and protect citizens right to information.

Internet-related infringement procedures, legislation could be expanded space to the network name of tort liability, as <<Tort Liability Act "> in a separate chapter or directly tailored to a <<Network Tort Law"> to the network under the jurisdiction of violations the right way of proof, the virtual value identified issues related to liability and other provisions make clear, to adjust the network related to legal issues.

I believe that through these measures and the legislative, judicial and administrative departments of efforts, China will greatly reduce the network violations, real guarantee citizens the right to personal information.

References:
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