| This paper focuses on the protection of civil law for personal Internet trace information,and the full text is divided into five parts:In the first part,this paper firstly introduce that personal Internet trace information is generated by the Internet,which has the characteristics of huge amount of information,long storage time,hidden processing behavior and rapid transfer.In the context of the growing prosperity of the big data industry,there are inevitably acts of commercial entities improperly using such information in order to obtain benefits,thus infringing on the personal rights and interests of network users to varying degrees.Therefore,it is of great practical significance to protect personal Internet trace information from the field of civil law.In the second part,after sorting out the provisions of China’s current laws on personal Internet trace information and the cases of infringement of personal Internet trace information in judicial practice,we point out the problems of protecting personal Internet trace information in China’s civil legislation and judicial field at the present stage.In the legislative field,there are problems of not defining the concept and extension of personal Internet trace information and the imperfect provisions on "deletion" of personal Internet trace information;in the judicial field,there are problems of difficulties in identifying "actual damage" of online users and difficulties in proving online users.In the third part,this paper points out that personal Internet trace information is identifiable and has both personal and property interests,and through the analysis of the provisions of the Personal Information Protection Law on the concept of sensitive personal information,it is concluded that personal Internet trace information is sensitive and belongs to sensitive personal information;in addition,this paper analyzes the interest attributes and protection methods of personal Internet trace information and personal privacy and considers that personal Internet trace information is different from personal privacy,which provides the theoretical basis for giving special protection to personal Internet trace information.In the fourth part,through the comparative analysis method,this paper learn from the legislation and judicial practice of overseas countries on the protection of personal Internet trace information.Firstly,this paper compares the basic principles of collecting and processing personal information in foreign countries’ laws and international organizations’ legal documents and gains inspiration;secondly,it compares the legislative history and judicial practice of the United States on the protection of personal Internet trace information and evaluates them;finally,it compares the history of establishing the “right to erase” in the European Union and gains inspiration,so as to improve China’s Finally,this paper will review the history of establishing the "right of deletion" in the EU and gain insights,so as to improve the provisions of "deletion" for personal Internet trace information in China.Part V,in response to the problems in legislation and justice in China proposed in the second part,combined with the inspiration of overseas legislation and judicial practice,put forward the protection opinions applicable to China’s personal Internet trace information in the field of civil law.First,clearly stipulate the concept and specific types of personal Internet trace information in the relevant supporting legal documents of the Personal Information Protection Law.Second,improve the relevant provisions on“right to erase”.Third,to determine the criteria for determining the “actual damage” of network users and the way to bear the responsibility,and at the same time,to clarify that the infringement of personal Internet trace information causes the property damage of network users,the punitive compensation mechanism should be applied.Fourth,to improve the distribution of the burden of proof in cases of personal Internet trace information infringement,and to reduce the burden of proof of network users by applying the principle of no-fault imputation. |
