Research On The Issues Of We-media Privacy Tort Liability

The vigorous development of we-media provides a broader world for the freedom of expression of the public.However,the coming of the era of we-media communication also means the coming of privacy crisis.This paper collects the cases of privacy infringement in the we-media environment since 2012,and finds that the current we-media environment privacy infringement litigation is mainly divided into information disclosure privacy disputes and information capture privacy disputes.By combing the characteristics of privacy disputes in two kinds of we-media environment,the author tries to summarize the problems in their judicial practice,so as to put forward targeted analysis and opinions on the determination of tort liability in privacy disputes in two kinds of we-media environment.This paper is divided into the following three parts:The first part analyzes the collected cases of privacy infringement in the we-media environment.According to whether the infringement is the illegal disclosure of privacy information,or the unauthorized capture of information submitted or stored by users when using the we-media platform,it distinguishes the case samples,and summarizes the cognizance of tort liability,defenses,forms of liability in the two types of cases.On the basis of the sample analysis,the author finds that the dispute focus and judicial difficulties of privacy disputes of information disclosure mainly focus on the scope of the subject of responsibility,the obligations of the we-media platform and the identification and clarity of the public domain defense;while the dispute focus and judicial difficulties of privacy disputes of information capture mainly focus on the unknown scope of personal information included in the protection of privacy,the principle of liability attribution and The contradiction of the ability of proof and the cognizance of the plea of informed consent.The second part,on the basis of the first part of the sample analysis and judicial difficulties summary of information disclosure privacy disputes,puts forward the opinion of tort liability determination in this kind of cases.In terms of the identification of the scope of the responsible subject,first,according to the difference of the internal information control power of users,the administrator level we-media users should be given certain management obligations;second,through the classification of the degree of privacy of user information retained by the we-media platform,the corresponding electronic data retention obligations of the we-media platform should be clearly defined,and the corresponding evidence collection rules should be clearly defined,so as to coordinate the we-media platform for The contradiction between the protection of the user’s privacy right and the demand of the obligee for obtaining evidence reduces the situation that no infringer can be found.On the basis of identifying the obligations and tort liabilities of the we-media platform service providers,and further refining the types of we-media platform services,it is clear that the we-media platform service providers should bear the management obligations and tort liabilities for violating the relevant obligations in providing intermediary services,and what are the relevant management obligations and tort liabilities in the case of providing more than intermediary services Upgrade.In the public domain,it mainly focuses on the analysis of the disclosure of information,public tasks and public events,as well as the limitations and changes brought by the we-media environment.In the third part,according to the sample analysis and judicial difficulties summary results of information grabbing privacy disputes,the author puts forward the opinions on the determination of tort liability in this kind of cases.First,it is clear that it is necessary to include personal information in the protection of privacy.Through the type analysis of the captured information in the information grabbing privacy disputes,it is found that although the differentiated information,contact information and related information have their own private degree in the overall situation,in the specific situation,the obligee’s expectation of privacy of personal information should be respected,and at the same time In the current legislative system,the right of privacy can better protect the personal interests of personal information.The second is to explore the multiple imputation principle of tort liability in this kind of cases,because the tort behavior in this kind of cases is hidden and the professional ability in the process of information capture between the user and the we-media platform is very unbalanced,so it is difficult for the user to provide conclusive evidence.According to the type of information captured and the form of responsibility bearing,flexible application of the principle of multiple accountability can balance the burden of proof between users and the platform.The third is to make clear the cognizance of informed consent as the defense subject,based on the principle of express consent,and discuss whether the behavior is exempt from liability under the special circumstances of cross platform access to user information and user withdrawal of consent.