Research On The Liability Of Personal Information Infringement In The Perspective Of Digital Technology

A new round of scientific and technological revolution and industrial transformation is accelerating.Big data,cloud computing,artificial intelligence,blockchain and other technological innovations are full of power.Emerging technologies are increasingly integrated into all aspects of people’s lives.It is based on the extensive application of digital technology that infringement in the field of personal information presents new features such as the diversification of infringement subjects,the technicality of infringement means,and the diversity of damage consequences.At present,China has issued a series of laws such as the Civil Code and the Personal Information Protection Law to form the framework of personal information protection,and has added the cause of personal information protection disputes,which is enough to show the number of personal information infringement cases.Therefore,this paper aims to study the personal information tort liability system in the perspective of digital technology,and intends to analyze and discuss the current situation of the personal information tort liability system by analyzing the existing laws,combing the judicial cases and combining the relevant academic theories.This article mainly includes four parts.The first part discusses the relevant concepts of information tort liability in the perspective of digital technology.Firstly,it defines the emerging concept of digital technology;Secondly,it discusses the relevant theories of personal information tort liability system,including the concept,legal attributes,classification and infringement subject of personal information;Finally,it discusses the new characteristics and ways of personal information infringement under the support of digital technology.The second part,mainly through sorting out 87 cases since the implementation of the Personal Information Protection Law,sorted out common problems,including the limitations of the principle of liability for personal information infringement,the difficulty in identifying personal information infringement damages,and the lack of uniform standards for personal information infringement compensation rules.The third part is mainly about the normative analysis of personal information tort liability.The establishment of the principle of presumption of fault is a choice made by absorbing the advantages of monism,dualism and dualism,and combining with the dilemma of proof in the process of safeguarding the rights of personal information infringement.For general types of personal information,the principle of fault presumption is appropriate.In the case of personal information infringement,the damage caused by infringement is not only material damage but also non-material damage,including the risk loss of future damage caused by infringement and the inner anxiety caused by infringement.The former belongs to economic loss,and the latter belongs to mental damage.In today’s mature digital technology,the understanding of "damage" should not be narrowly understood as the traditional "difference" standard.At present,the difference theory still occupies the mainstream position,but with the changing types of infringement,it is still necessary to amend and apply it.As for the judgment of mental damage,people’s understanding of the "seriousness" must involve value judgment.Whether the mental damage reaches the seriousness is not only an objective judgment of reality,but also an objective judgment of value measurement interpreted according to the general understanding of society and the legal purpose of legislators.The fourth part mainly puts forward targeted measures against the above problems to refine the personal information tort liability clauses.It includes: the principle of no-fault liability should be applied to sensitive personal information;The damage caused by risk damage and inner anxiety should be included in the category of "damage";To refine the rules of compensation for personal information infringement damages,especially the mental damage caused by personal information infringement,we should desalinate the "serious" mental damage elements,and formulate the standard of compensation amount,so as to make the judicial trial more fair and fair,and prevent the phenomenon of different judgments in the same case.