Definition Of Personal Sensitive Information And Remedy For Infringement

In the Internet age,the rapid flow of information,the continuous updating of technology and the popularization of "real name system" of various network software make personal information no longer in the personal life space,which also brings risks to the rights and interests of information subjects.In particular,personal sensitive information is closely related to personal freedom and dignity.Therefore,the study of such information is not only the premise of full protection of human rights,but also the need of social development.Specifically,the sensitivity,the limited scope of use and the prohibition of automatic processing reflect the particularity of personal sensitive information.Through the analysis of the personal interests contained in sensitivity and combined with foreign experience,the attribute of personal sensitive information should be specific personal rights.Sensitivity is closely related to relevance.In order to avoid the subjective elasticity of "sensitivity",four standards,namely,major damage,absolute risk,technical confidentiality and damage possibility,are used as the basis for judging information sensitivity.Then sensitive information can be classified into absolute sensitive information and possible sensitive information.The former is exemplified to avoid the generalization of "sensitivity",while the latter is exemplified to avoid the generalization of "sensitivity" Behavior oriented comprehensive consideration of information sensitivity in specific situations.When personal sensitive information is divided into absolute sensitive information and possibility sensitive information,its legal protection should also be applied to different tort remedies rules.Because of its high personal dignity value,absolute sensitive information should be applied to the principle of no fault liability.However,it is more difficult for judges to judge the sensitivity of possible sensitive information due to the change of "situation" However,a more specific and perfect tort rules system is also needed,that is,in various "field" situations,information subjects and technical means should be considered comprehensively,and the ternary liability system should be adopted to protect the possibility sensitive information.