Study On Judicial Application Of Liability For Tort Of Personal Private Information

The Civil Code,adopted in 2020,provides for the protection of privacy and personal information in the title of personality rights,and such institutional arrangements aim to protect the security of personal information in the information network era,but it divides personal information into private personal information and non-private personal information,which should be in a special protection status compared to the latter,thus forming a civil regulatory system to regulate the handling of private personal information.This has resulted in a civil regulatory system that regulates the handling of private personal information.In the era of rapid development of information technology,the depth,breadth and speed of damage caused by infringement of private personal information are incomparable to traditional infringement methods.This article focuses on the judicial application of liability for infringement of personal private information through four chapters.The Chapter 1 describes the current situation and problems of judicial application of liability for infringement of personal private information.This chapter firstly defines the concept of personal private information,searches the legal database for judicial cases of personal private information infringement,divides the judicial cases into two parts by taking the entry into force of the Civil Code as the time point,and summarises the current situation of judicial application of personal private information infringement cases by reading the judgment documents and using statistical analysis,using Table 1-1,Figure 1-2 and Figure 1-3,from which the problems of judicial application are sorted out.The problems of judicial application were identified,i.e.unclear criteria for the determination of personal private information,inconsistent characterization of some public personal private information,difficulties in the determination of damages,and difficulties in the plaintiff’s proof.In Chapter 2,the development history of the judicial application model of personal private information tort liability.This chapter follows the sequence of the development of China’s laws and regulations relating to privacy interests,privacy rights and personal information protection,and is divided into three models: the indirect protection path of reputation rights,the protection path of privacy rights,and the cross-protection path of privacy rights and personal information rights.By searching the judicial decisions in force at each stage,the legal basis and rationale of the judicial decisions applied under each protection model are analysed and justified.In Chapter 3,reflections on the judicial application of the tort of personal private information and suggestions for improvement.In this chapter,we analyse and reflect on the problems of judicial application identified in Chapter 1,and put forward several suggestions for improvement,including: the dynamic definition of personal private information,with two parts: "unwillingness to let others know" and "the private nature of the information".The discussion includes: a breakthrough of the dilemma of damage determination,two paths to expand the concept of damage,the recognition of risky damage and the disclosure of information as damage;and the lowering of the standard of proof.In Chapter 4,prospects for the judicial application of liability for infringement of personal private information.The objects of protection of both the right to privacy and the right to personal information include private information,and the handling of the private information of others infringes on the right to privacy as well as the right to personal information,and although Article 1034(3)of the Civil Code is a provision on the rules applicable to personal private information,it does not explain how to apply the rules on privacy or personal information protection,and in current judicial practice,this provision is almost unused.This chapter therefore focuses on the above-mentioned provisions and looks at the future of their judicial application.After the entry into force of the Civil Code,the era of hermeneutics has entered,and until more specific judicial interpretations are issued,different interpretations of this provision by theoretical scholars may have an indirect impact on the judicial application of the liability for infringement of personal private information.