The Internet is a wonderful tool for information and communication but the fact remains that many applications that are related to it latter raises many questions about the protection of the privacy of the user.
The computer has invaded our lives, whether in the workplace or at home. At the same time, the Internet has helped us develop a new method of communication. According to the regulatory authorities of Electronic Communications and Posts (ARCEP), in the second half of 2005, 8.7 million French households had Internet connections.
If the Internet was an immense space of freedom without constraints or boundaries and was not meant to be used, primarily, for the exchange information and knowledge reality would be quite different. Today, more and more people connect to the Internet to participate in discussions in forums, check their mail, make purchases online and without suspicion give up the keys to their privacy.
The internet's impact on the privacy of its users, due to the transfer of personal data, is very great.
Internet is seen as an international computer network that results in an interconnection of multiple networks, which uses a common communications protocol. It provides public access to various services such as electronic mail and fora. The Internet is different from the World Wide Web as the Web is actually an application of the Internet. The Internet differs from its own intranets of businesses and governments and extranet, that is interconnected to the intranet .
Through this network, a variety of information can be condensed and circulated with the risk of some of the data being misused, even if these are personal messages. Thus, the risk of causing harm to the privacy of an individual is large on the Internet, especially since privacy can be defined broadly.
Privacy is often seen in French law as the right to respect the private life, including the right to privacy, the right to live secluded, and the right not to endure the intrusion of others in the circle privacy. However, it is not defined by law, and we must look for evidence issued by the courts in order to establish a typology of different parts of privacy more precisely.
Generally these are the features of an individual that is asked : his name, his address (CA Paris 12 April 1995), his photograph, his sexual identity, political, religious or philosophical opinions. These are also covered in the framework of respect for privacy of family life, sentimental, intimate, leisurely activities. The European Court of Human Rights (ECHR) includes the respect of the privacy as a right of an individual to establish and develop relationships with others.
It should be noted that respect for privacy is a fundamental right protected by Article 9 of the Civil Code and Article 8 of the European Convention on Human Rights and Fundamental Freedoms (ECHR). According to Article 8 of the ECHR, "Everyone has the right to respect for his private and family life, his home and his correspondence" and Article 9 of the Civil Code states that, "everyone is entitled to the right for privacy.
[...] Internet is a new means of communication among many others already existing, and it is logical that one finds violations of privacy inherent in any method of information dissemination. What we can fear on the other hand with the explosion of Internet and globalization, is an increase in such attacks. There is another achievement of a classical privacy that can be committed on the Internet: the violation of private correspondence. The violation of private correspondence An invasion of privacy can be made when a person reads the contents of an email without the knowledge of the sender or the recipient. [...]
[...] Indeed in its first article, the Act states that its purpose is to safeguard the fundamental rights: "the computer does not affect the identity or to human rights or privacy or individual freedoms or public."However, the principles developed by the backup of the 1978 Act does not reject the phenomenon of management and movement of personal data in computer networks, but try to balance the conflicting interests of operators and owners of data Thus, the collection, processing, and data traffic over the Internet is recognized as legitimate and useful to the sole condition in that they do not harm the rights and freedom of data subjects. [...]
[...] Nathalie Mallet-Poujol, Protecting privacy and personal data, doctrine Internet Légamédia. Thierry Piette-COUDOL and André BERTRAND, Internet law, Collection Service Dalloz, edit Dalloz Review Lamy Computer Law and networks.2001 edition, p322. Lamy Computer Law and networks.Solution and application guide. Contractual practice edition. Website. www. every.fr-Univ. www.cnil.fr The network is a collection of interconnected computers to exchange information, set of nodes interconnected by channels that are links, information about the nodes it is connecting ends which can be an intersection multiple connections. [...]
[...] The doctrine and jurisprudence agrees to assimilate the concept of legitimate reason for the invasion of privacy and civil liberties. Thus, courts recognize legitimate refusal of treatment if warranted and oppose any infringement of their fundamental rights including the right to respect for privacy. Nevertheless there is a statutory exception excluding salaries of the field of public right of objection, and it is explained by the issue of public interest in these treatments that annihilates all legitimate reasons to oppose it. [...]
[...] II Protection mechanisms Let's see what happens first in France and then look at the global context(B) A / Protection of privacy to France Since the Internet arrived, there are major violations of privacy that must be considered as general rules intended to protection. But beyond this protection, the existence of specific offenses to the Internet justifies the creation of specific provisions. General rules: Apart from the application of common law relating to the image rights and private correspondence, other measures have been taken to prevent attacks on privacy resulting from the dissemination of information or images intimate by websites informers. [...]
APA Style reference
For your bibliographyOnline reading
with our online readerContent validated
by our reading committee
