A Study On The Application Of Law In Civil Law Protection Of Personal Information

With the arrival of the digital era,natural person as one of the important sources of data,whose personal information has become a valuable resource for social development.The types of personal information not only increase annually and gradually,but also own huge economic values.And personal information infringement incidents are also emerging one after another,resulting in the number of the cases of personal information protection soared in China recent years.There is a close relationship between personal information and natural persons,and there are some limitations in the protection of personal information by public law,while civil law regulates the daily life of citizens and is an important means to protect the rights and interests of natural personal both on property and persons.Therefore,the civil law protection for personal information is extremely urgent.Although the successive promulgation of the Civil Code and the Personal Information Protection Law have responded to the current personal information protection issue,the civil law protection of personal information still faces some practical difficulties in the face of changing information circulation and complex personal information infringement.In judicial practice,it is found that in the current personal information infringement cases,most of the defendants are Internet enterprise platforms with strong economic strength,and the infringement cases show the characteristics of diversified types of information and invisible damage consequences.Moreover,Judges have inconsistent standards in the application of law,and there has been a phenomenon of different judgment in the same case.In the face of complex and diverse personal information infringement cases,it is difficult for information subjects to investigate evidence and prove evidence,which leads to the low success rate of plaintiffs and the inability to obtain effective compensation and relief.To solve the above dilemma,it should be achieved through the flowing three aspects.First of all,on the basis of judicial practice and application of law,judicial organs should clarity the principle of identifiable application of personal information,clarify the difference between personal information rights and privacy rights,and then refine and improve the rules of adjudication of personal information infringement cases;Secondly,in terms of the burden of proof,we should distinguish the tort subject and choose to apply the multiple tort liability rules system,and improve the evidence collection system of personal information,so as to reduce the burden of proof of the information subject and enhance the enthusiasm of the information subject to safeguard their rights,It will also balance the litigation status between the plaintiff and the defendant,thus improving the winning rate of the information subject.Finally,in the relief way of personal information rights and interests,we should Improve the judicial relief system of personal information public interest litigation,establish the minimum legal compensation system of personal information,and improve the system of compensation for mental damage,so that the information subject can obtain sufficient and effective remedy means.