Research On The Mental Damage Compensation System For Personal Information Infringemen

In the information age,the protection of personal information security has become prominent and urgent.In order to strengthen the protection of personal information,the Civil Code has set up a special chapter on the definition and connotation of personal information,the principles and conditions of handling personal information,the obligations of information processors and other important rules,but there is a lack of special rules on the remedy of personal information infringement.2021,the Personal Information Protection Law will come into force to establish a sound personal information protection system from the national level.In other words,if the rights and interests of personal information are infringed by the personal information processing activities,the personal information processor is presumed to be at fault,and if the personal information processor cannot "prove his innocence",he will be liable for damages and other infringement liabilities.However,the Personal Information Protection Law is silent on the compensation for moral damages for personal information infringement.Using a sample of 272 decided cases of moral damage claims for infringement of personal information from 2019-2022 retrieved by WK first,we found that in judicial practice,the determination of moral damage claims for personal information infringement takes precedence over the protection path of the Civil Code,which requires the level of "serious moral damage",a stringent This stringent requirement has led to a low rate of compensation for moral damage for personal information infringement and a lack of standards for the amount of compensation,reflecting the lack of provisions for moral damage for personal information infringement,the strict standards for determining the consequences of "serious moral damage" and the lack of discretion in determining the amount of compensation.In cases where the infringement of personal information(including private information)by personal information processors causes moral damage to the infringer,the protection path of the Personal Information Protection Law should be applied as a matter of priority,supplementing the provisions on moral damage compensation,moderately lowering the threshold of "serious moral damage" compensation,and setting a range of statutory compensation amounts and introducing new considerations through judicial interpretations.In addition to the introductory and concluding remarks,the thesis will also include the followingThe thesis is divided into four parts,with the exception of the introduction and conclusion.The introduction starts from the background of the protection of personal information rights and interests in the era of big data,and introduces the importance of this paper to study and improve the moral damage compensation system for personal information infringement.Through the combing of existing research results,the progress and controversial points of existing research are examined,and the shortcomings of the personal information infringement moral damage compensation system are unearthed,laying a solid foundation for the in-depth study of this paper.The concluding remarks are a summary of this paper’s views and some thoughts on the follow-up research of the moral damage compensation system for personal information infringement.The four parts of the main text are as follows.Part Ⅰ: Theoretical explanation of the moral damage compensation system for personal information infringement.This part explains the connotation and characteristics of the moral damage compensation system for personal information infringement,compares the development of the moral damage compensation system for personal information infringement,clarifies the justification and significance of the moral damage compensation system for personal information infringement,and lays the foundation for the subsequent analysis.Part Ⅱ: A Judicial Review of the Personal Information Infringement Moral Damage Compensation System.This part begins with an empirical analysis of 272 cases of personal information infringement in which moral damage compensation was requested,to grasp the current situation of the application of moral damage compensation for personal information infringement in judicial practice.It first provides a basic description of the 272 cases in the sample,followed by an empirical analysis of the cases in the sample in which moral damages were awarded,and finally a summary of the 272 cases in the sample,with a view to better identifying the problems in the application of the moral damages system through a grasp of the current situation.Part Ⅲ: An analysis of the institutional dilemmas and causes of moral damage compensation for personal information infringement.This part introduces the institutional dilemma of moral damage compensation for personal information infringement,suggesting that the controversial basis of the right to claim,the strict criteria for determining moral damage,and the lack of discretion in determining the amount of moral damage compensation are bottlenecks in the legal application of the moral damage compensation system for personal information infringement,and analyzes the causes.Part Ⅳ: Construction of a system for compensation for moral damage for infringement of personal information.On the basis of proposing to clarify the special provisions on compensation for moral damage for personal information infringement and improving judicial interpretation,the institutional design of compensation for moral damage for personal information infringement is made.Firstly,different rules should be applied to different infringement subjects.If a personal information processor infringes on personal information(including private information)causing moral damage to the infringer,the applicable protection path is the Personal Information Protection Law,which adopts the principle of presumption of fault,and the amount of moral damage compensation can be calculated on the basis of the profit made by the personal information processor,and if the profit cannot be determined,the judge will have discretion to take into account the specific circumstances of the case.If a non-personal information processor violates the rights and interests of personal information and causes moral damage to the infringer,the applicable protection route is the Civil Code,which adopts the principle of fault liability and leaves it to the judge’s discretion to determine the amount of moral damage compensation.After clarifying the basis of the right to claim,and taking into account the empirical analysis and domestic and foreign legislative experience,we propose operational suggestions on the criteria for determining moral damage for personal information infringement and limiting the discretion of judges,with a view to contributing to the construction of a moral damage compensation system for personal information infringement in China.