On The Identification And Compensation Of Damage In Personal Information Tort

With the advancement of technology and the development of the times,the data industry has emerged,and the economic value contained in personal information is becoming increasingly prominent.The application of the Internet and various social software makes personal information easy to collect and utilize.At the same time,the infringement faced by personal information also shows an increasing number and changing patterns.In this context,traditional tort laws have shown many shortcomings in addressing personal information infringement.Especially reflected in the issue of identifying and compensating for damages,such as the traditional tort law’s approach to identifying damages that is not compatible with the uncertainty and difficult to measure characteristics of personal information damage in the new era,the gap theory cannot solve intangible damages,and the vague compensation standards for damages lead to inconsistent compensation in practice.To solve the above problems,the first step is to divide the damage into three types: property loss,mental damage,and risk based damage,taking into account the characteristics of personal information damage caused by infringement.Secondly,in the case of property losses,the issue of insufficient relief for personal information property losses under personal rights and interests should be addressed through the introduction of systems such as commercialization of personal information rights and return of profits.The types of responsibilities and bearing rules for downstream property losses should be clarified,and the compensability of risk prevention expenses that comply with the principle of proportionality should be affirmed.Once again,in cases of mental damage,the criteria for determining "severity" should be given up to address the issue of difficulty in providing evidence for victims.At the same time,a reasonable compensation interval should be established to achieve uniformity of legal application standards.Finally,according to the theory of risk society,we affirm the legitimacy of risk damage in the field of personal information infringement.Determine the scope of compensation for damages based on the probability criteria of risk occurrence and the type of infringement of personal information.In addition,in the prevention of risk damage,administrative agencies should intervene under factors such as cost-effectiveness analysis when personal information encounters urgent risks,in order to achieve better protection for rights holders.