Search engine spreads secret information will constitute infringement

Intermediary transaction SEO diagnosis Taobao guest Cloud host technology Hall

not long ago, Zhejiang Golden Road law firm lawyer Gilbert in Baidu to enter their own units and names, unexpectedly search to their own one months ago issued a private e-mail. Recently, he has violated the secret rights of communications, the e-mail service providers and search engine sites together as defendants to the court filed a lawsuit. E-mail was "sunburned" for one months.





, associate director of Information Network and electronic Commerce Committee of Beijing Bar Association, partner of China Hao Lawyer Group (Beijing), Yang Anjin said, using search engine website to disseminate secret information. This is not only a civil tort, but may also constitute a crime.





this matter mainly involves three aspects: how to protect the privacy and secrecy of Internet users, how the mail service providers should fulfill their obligations, and whether the technical measures of the search engines are legal?





from the legal point of view, the protection of these secret information mainly involves three parties.





First is the information owner, that is, the user should do the duty of care, do not take the initiative or in the circumstances do not know the circumstances of the secret information, should try to adopt the current more reliable technical way to submit and transmit secret information. As far as this case is concerned, Mr. Guo does not seem to have any apparent fault in protecting personal secret information, so he should not be held responsible.





Secondly, the information depositary, mainly refers to the network service providers, including space providers, mail service providers, etc., should take the necessary management measures and technical means (referring to the current level of technological development, the technology adopted by the industry is generally considered safe, No less than the average level) to ensure that the user's confidential information is not disclosed, whether paid or unpaid services should be the case. As far as the case is concerned, it is difficult to conclude whether the WAN network is suspected of intentionally leaking, or because the technical measures taken are not properly disclosed.





Third, information communicators, such as search engines, should at least two obligations: do not actively grasp the secret information, not the dissemination of secret information. The spread of the search engine is becoming more and more obvious, especially as a leader like Baidu. If so, Baidu is undoubtedly suspected of using improper technical means to illegally invade other people's computer systems to obtain secret information, and use the search engine website to disseminate these secret information. This is not only a civil tort, but may also constitute a crime. Search engines should have a certain obligation to disseminate information: For information that is apparently illegally acquired (such as personal privacy information, marked as secret information), for those who have been transmitted to delete immediately, to prevent transmission. Search engines can not simply define themselves as "what other people have what I search for", but should pay attention to their own characteristics of the disseminator, the content of the search to fulfill the corresponding duty of care.





, a lawyer Zhang Jianching of the Beidou law firm, said that although the state's laws and regulations on the Internet have yet to be perfected, the right to privacy as a part of the right to personal rights is strictly protected by law. e-mail content is disclosed not only infringes the rights and interests of the sender and receiver, but also brings harm to the relevant stakeholders of the information.





Yang Anjin Lawyer said that with the popularization of the Internet, especially the popularization and deepening of commercial applications, more and more privacy and secret information disseminated through the Internet, the Internet's confidentiality has become a global problem, many countries have specifically developed a law on the protection of personal privacy in the Internet. Regardless of the development of technology and commercial applications, the user's privacy and secret information must be properly protected, not only the infringement problem, but also directly affect the application of the Internet prospects.