Research On Civil Liability Of Personal Information Network Infringement

After mankind entered the information society,the legal protection of personal information has become the focus of attention of countries around the world.In the Internet environment,the high-speed transmission of information enriches people’s lives on the one hand,and on the other hand exposes personal information to some potential security risks.As we all know,in the network environment,both network service providers and ordinary network users can collect,disseminate and use other people’s personal information,including illegal collection,dissemination and use.Since personal information reflects the characteristics of individuals and is inseparable from the person,if not properly protected,not only will the information subject suffer property damage,but it will also cause huge spiritual damage to the information subject.Therefore,it is urgent to protect personal information in the network environment.Although the issue of strengthening the protection of personal information is a worldwide issue,Western developed countries have taken a step forward in this regard and have formulated relatively complete laws to protect personal information.In recent years,China has also formulated many laws,regulations and rules to protect personal information.Unfortunately,most of these laws and regulations only make some principled provisions,and the provisions are too scattered and lack uniform operating standards,especially the civil liability provisions for personal information network infringement are not perfect.In order to solve the above problems,there is an urgent need to conduct a special study on the civil liability of personal information network infringement.Since the existing laws of our country do not have sufficient provisions on the civil liability of personal information network infringement,therefore,although this article comprehensively introduces the legislative models and specific provisions on civil tort liability in countries and regions outside the region,the foothold is still in China Therefore,this article focuses on some issues related to the civil liability of personal information network infringement in China.The thesis is developed according to this way of thinking: First,the general theory of "infringement of personal information network" is comprehensively organized.Specifically,starting from the meaning of online personal information,It has sorted out the disputes about the attribute of personal information rights,analyzed the theories such as "privacy rights theory","ownership rights theory" and "personality rights theory".Based on comprehensive comparison,it is concluded that "personal information rights are essentially a personal rights";then analyzes the determination of personal information network infringement,and finally concludes the particularity of personal information network infringement,such as special infringing subject,The implementation of infringement has certain concealment,technicality,etc.Secondly,the thesis combs the legislative status of the personal liability of personal information network infringement in China,and points out the main problems in the application :On the principle of liability for tort liability,the single fault-tolerance principle has been unable to effectively regulate personal information network torts;With regard to the distribution of the burden of proof,the general rule of "who claims who gives evidence" in the Civil Procedure Law will increase the plaintiff ’s burden of proof and make it bear a higher risk of losing;In respect of tort liability,simply compensating the victim ’s losses through the “damage-filling” rules cannot effectively curb online torts;In terms of exemption,the purpose of exemption is to balance the reasonable flow and protection of personal information resources.China ’s Tort Liability Law stipulates exemption grounds for general torts,and it can also be applied to personal information network torts without special legislative provisions,However,the existing exemption rules are not perfect,and no victim agrees to this exemption.Third,to solve the above-mentioned problems,it is necessary to draw on advanced experience from outside the region.Whether it is the privacy model adopted by the United States for the protection of personal information or the general personality protection model adopted by the EU countries,each has its own rationality.The choice and reference for different models are mainly based on the country.According to national conditions,since personal information right is essentially a right of personality,it is more reasonable to use the theory of personality right to protect it.On this basis,the civil liability of personal information network infringement is clearly specified.Finally,after investigating the legislative model and specific provisions on civil tort liability in countries and regions outside the region,some specific suggestions are put forward on how to improve the civil liability of personal information network infringement in China: establishing the principle of diversified liability;reasonable allocation The burden of proof between the two parties;the addition of the "victim’s consent" exemption and the introduction of punitive damages.