Research On Judicial Practice Of Personal Information Protection In China

How to make full use of information to develop productivity and improve human welfare while protecting personal information is not only related to the immediate interests and security of everyone,but also related to the development of the judicial practice of personal information protection in China.Therefore,this paper adopts the research methods of literature retrieval,case analysis and comparative analysis,and takes the judicial cases of personal information protection as the starting point to explore the issues related to the right of personal information and its protection.This paper is mainly composed of the following five parts:The first part is the background of personal information protection research in China.Firstly,it explains the purpose and significance of the research on the right of personal information,and discusses the necessity of the protection of personal information in the information age.Then it discusses the general situation of current research on personal information protection and analyzes the legislative status of personal information protection in China.The second part is the protection of personal information in our judicial practice.Firstly,the author makes statistics on the judicial practice data of personal information protection in China,and analyzes the existing problems of personal information protection macroscopically.Then three typical personal information protection cases are selected for analysis,and the problems faced by the protection of personal information in China’s current judicial practice on the micro level are summarized,that is,the definition of personal information,the burden of proof system of personal information,and the damage compensation of personal information.The third part is the definition of personal information and its solution.Three problems are summarized,that is,the legislation of our country does not make clear the protection of "personal information right",the right of personal information is confused with the right of privacy,and the definition of personal information identifiability is difficult.There are positive Suggestions for the improvement of sex,which are divided into three points: to clarify the protection of "personal information right",to distinguish between the right to personal information and the right to privacy,and to identify the definition of personal information.The fourth part,the burden of proof system of personal information and its solution.Put forward the question,our country individual information proof responsibility system does not have the clear stipulation.There are positive to put forward a perfect proposal,give consideration to a variety of burden of proof system.The fifth part,personal information damage compensation and its solution.Two problems are summarized,that is,the compensation for personal information damage is mostly replaced by the way of reparation and apology,the compensation for personal information spiritual damage adopts a "one-size-fits-all" approach,with positive Suggestions to improve,divided into two points: to determine the amount of damage compensation for personal information infringement,personal information spiritual damage compensation related Suggestions.