Study On The Infringement Of Personal Information

As information technology continues to evolve,the traditional private law remedy of protecting personal information through the right to privacy has been stretched to the limit.Even with the introduction of the Civil Code and the Personal Information Protection Law in 2021,the new law still does not fully address the challenges in judicial practice.In view of this,this paper selected 210 typical cases for statistical and analysis,and found that the protection of personal information in judicial practice has problems such as the confusion between personal information rights and privacy rights,difficulties in determining the composition of personal information infringement,and vague standards of compensation for infringement of personal information rights.Therefore,based on the analysis of the nature of personal information from the legislative to the judicial level,personal information does not have a reciprocal nature,so personal information should be characterized as a new type of personality rights and interests.At the same time,although personal information is closely linked to the right to privacy,and China has adopted a distinction between the protection of personal information and the right to privacy in its legislation and judicial system,the two are often confused due to the criteria for determining the privacy of personal information and the unclear boundary between private information and sensitive personal information,resulting in the embarrassing situation of losing both in judicial practice.Therefore,in the context of personal information being both a personality right and a property right,the criteria for determining private information and the distinction between private information and sensitive personal information should be clarified in order to solve the problem of confusion between the rights and interests of personal information and the right to privacy.In this regard,the judicial determination of the infringement of personal information and the protection of the right to privacy should be limited.In this regard,it is suggested that the judicial determination and application of personal information infringement should be improved: firstly,the determination of personal information infringement should be unified and limited to the act of information processing,including the collection without consent,information leakage,illegal tampering,illegal use of information for automated decisionmaking and obstruction of the right of access and copying;secondly,the determination of damage results should be unified,including the determination of property damage and moral damage,with emphasis on Thirdly,to unify the rules for determining the causal relationship,and to adopt the principle of comparable causation to limit the scope of liability for infringement on the basis of the condition,and finally to determine whether the causal relationship is established in conjunction with the purpose of the legislation;fourthly,to unify the application of the principle of presumption of fault,taking into account The principle of presumption of fault is applied to infringers who infringe upon the rights and interests of personal information,taking into account the special nature of the identity of the infringers.At the same time,in terms of civil liability for infringement of personal information,excluding general preventive methods such as stopping infringement,anonymisation,stopping processing and encryption,but also including compensatory liability methods for property damage and moral damage compensation,the factors to be considered in determining the amount of compensation for property damage and moral damage should be clarified,and the court should follow the calculation of actual loss,profit situation and discretionary compensation when adjudicating compensation In addition,in order to better compensate for the moral damage suffered by the tortfeasor,moral damages based on the degree of "severity" should be abandoned,and "severity" should only be used as a measuring factor for the amount of compensation,and a minimum standard of RMB 1,000 should be introduced for moral damages.