| The rapid interchange and dissemination of personal data in the ever-evolving digital economy has become an unavoidable truth,and it is not unusual for the rights and interests of such information to be disregarded.Therefore,an in-depth study of personal information,especially sensitive personal information involving personal freedom and dignity,is both an important grasp of social progress and a prerequisite for the protection of citizens’ human rights.Although our laws and judicial interpretations have made corresponding provisions on the infringement remedy of sensitive personal information,however,the number of cases of sensitive personal information infringement disputes has continued to increase in judicial practice.Therefore,there is still some room for academic discussion on the study of infringement of sensitive personal informationThe first part of this article will be a typical case of sensitive personal information infringement as the introductory part of the whole article,digging deeper into the facts of the case contained in the focus of controversy,based on which leads to the following section of sensitive personal overview.The second part is an overview of sensitive personal information.Firstly,it discusses the definition methods and criteria for defining sensitive personal information,and concludes the sensitive personal information should be defined by the criterion of "sensitivity";secondly,it emphasizes the necessity of distinguishing sensitive personal information based on the special nature of sensitive personal information itself and the inevitable requirements of the digital economy era,which leads to the following section.In the following section,the remedies for infringement of sensitive personal information are different from those for ordinary personal information.The third part is the relief dilemma of sensitive personal information infringement.The main dilemmas include the difficulties in identifying the subject of sensitive personal information infringement,the loopholes in the identification of infringement damage,the inconsistent application of the principle of imputation of infringement liability,the inadequacy of the mechanism of moral damage compensation and the limited means of relief for information subjects.The fourth part is the remedy for sensitive personal information.Such measures include improving the criteria for determining the defendant subject,improving the determination of infringement damage,unifying the application of the principle of presumption of fault,improving the mechanism of compensation for moral damage and using prevented means or remedies. |
