Study On The Legal Compensation System For Personal Information Damage

The emergence of new technology and economic form,such as information economy and big data era,cloud computing,makes personal information break through the scope of traditional privacy information,and its form is still accompanied by the continuous development of economic development.Contains personal information for the benefit of the relationship between the content and far beyond the traditional sense of personal rights,it is also because of the huge energy produced by the commercial value of personal information,information industry and information industry as new stakeholders,and the main body of the government public management function based on the constitute of personal information stakeholders.Accompanied by information disclosure,improper use of personal information and other personal information encroach on the information subject to the intrusion and even the threat of life and property.Whether it is hot news,or the Ministry of public security of the special action,the protection of personal information on the current situation of legislation,public opinion,policy and law enforcement has been showing great heat,and the "general principles of civil law" article 111st formal legal protection of personal information should be written into the civil rights chapter shows the legal evaluation law to make personal information and value judgment.The research on personal information protection is focused on basic theoretical research,expert advice and concrete system construction.It is still in the stage of controversy over the attributes of personal information rights that the future legislative direction has not been conclusive.In such a legislative background,personal information for damage relief scholars little attention and study,the current theoretical research is still in the blank stage,and judicial practice has been bogged down,so the research on the personal information of damage compensation system for personal information protection is of great significance.To study personal information damage,we must first determine whether there is any damage to the personal letter infringement,that is,whether the alleged infringement can be recognized as a legal damage through the civil law path.This justification needs two aspects of argument.First,it is necessary for civil law to confirm the path of damage.We should adopt the rule of law,that is,the infringement of statutory rights is in itself a damage.The appearance of illegal acts is the damage to legal rights and interests.The damage caused by the infringement of the information of the two individuals is characterized by information leakage,the cause of the downstream crime and so on.Secondly,on the basis of determining the damage,we analyze the characteristics of personal information infringement and its damage,and further understand the existing protection path based on the understanding of its particularity.From the view of the traditional path of legal protection,civil protection legislation shows characteristics of framework and principle,and general tort relief path,whether it is non property liability,or actual damages and mental damages,have not in the right of personal information--before the new rights to legal effect completely.The legislation and judicature in the field of criminal law has lasted for a long time,which is limited by the limitations of the criminal law and the characteristics of social governance tools in China's criminal law.The scope and extent of criminal law's protection of personal information rights are limited.Thirdly,on the basis of combing the difficulties faced by personal information protection and law enforcement,we will further explore the reason for the application dilemma of traditional protection methods,which is that there is no rational allocation of public enforcement and private implementation in the modern dispute outcome mechanism.In addition,there is also damage relief and personal information dilemma,China's domestic in the field of intellectual property infringement is typical,and it is through the establishment of statutory compensation system release Judicial Dilemma in practice,the value function of the field of intellectual property legal compensation system based on the system itself and the solution to be of great advantage for compensation the problem of the damage of personal information.In the early development of personal information outside the field of legal relief system and compensation system of information privacy damage in the United States in development of long duration,more mature,therefore both inside and outside the domain of the same or similar types of tort damage relief should be studied,such as the theory of development,the privacy protection of the United States Constitution concept,information industry mode,statutory compensation case etc..Based on the above research,the personal information infringement consequences should be legal evaluation for damage,while the traditional protection of existing legislation is scattered,regulatory framework and declarative rules,the actual damage compensation and spiritual damages has been unable to fully compensate the damage of personal information,judicial practice and public enforcement are in trouble,and the effect of modern the dispute settlement mechanism of the play itself depends on the rational allocation of public enforcement and private enforcement and public enforcement in the face of difficulties facing the reality,should consider the construction of private implementation mechanism.However,there is the same substantive problem with personal information damage compensation,that is,the field of intellectual property rights that cannot be accurately calculated by damage has already established statutory compensation system.One of its important functions is to stimulate private owners to make full use of the right to sue for legal practice.At the same time,the development of information privacy in the early stage of personal information protection abroad is also necessary in the era of big data.To solve the problem of compensation for personal information damages,we should consider establishing a statutory compensation system in order to slow down the Judicial Dilemma of personal information damage compensation.