On The Judicial Determination Of Personal Information Infringement

The rapid progress of information technology has promoted social and economic development,but it has also increased the probability and risk of personal information being infringed.Personal information infringement incidents are gradually occurring more frequently,and the demand for individual information protection is also increasing.The protection of personal information requires the concerted efforts and joint promotion of legislation and justice to form an all-round protection system from prior defense to post-event governance.Currently,China’s legislation provides a legal basis for the protection and remedy of personal information rights and interests through the Civil Code and the Personal Information Protection Law,but the remedy of personal information rights and interests in judicial practice is not optimistic,and the difference in the determination of personal information infringement is an important reason affecting judicial remedy.The standard interpretation of personal information protection norms,accurate determination of personal information infringement is the implementation of the concept of "protection and utilization" of personal information in parallel,better protection of personal information rights and interests,and promote the development of the digital economy.This paper analyzes and compares the differences in the judicial practice of personal information infringement,identifies the causes of the differences in judicial decisions on personal information infringement,and proposes corresponding countermeasures.In addition to the introduction and conclusion,the main part of this paper consists of four chapters.The first chapter is an empirical analysis of judicial cases of personal information infringement.This chapter consists of two parts: the first part introduces the selection method of 55 judicial cases of personal information infringement;the second part is a specific analysis of personal information infringement cases,including the subject of prosecution,the geographical distribution of cases,civil causes of action,the focus of controversy of cases,the citation of legal basis,the percentage of plaintiff’s winning cases,and the way of infringement liability.The specific features of personal information infringement cases are presented in detail through multi-angle analysis.The second chapter is the difference of adjudication in the judicial determination of personal information infringement.Specifically,the differences in the judicial determination of personal information infringement are pointed out from four aspects.First,the differences in the way personal information is defined;second,the differences in the distinction between personal information and privacy;third,the differences in the determination of damages for personal information infringement;and fourth,the differences in the application of the elements of liability for personal information infringement.The third chapter is the analysis of the causes of the differences in judicial determination of personal information infringement.This chapter consists of four parts,corresponding to the four kinds of differences in judicial determinations in the aforementioned judicial determinations.First,it explains the causes of the differences in the definition of personal information;second,the causes of the differences in the distinction between personal information and privacy;third,the causes of the differences in the determination of damages for personal information infringement;and fourth,the causes of the differences in the application of the constitutive elements of personal information infringement.A detailed and comprehensive analysis of the causes of each difference in adjudication is presented.Chapter fourth is the solution to the differences in the judicial determination of personal information infringement.This chapter is divided into four parts: first,the identification of personal information should still be judged by the "identifiability"standard,and the application of the indirect identification standard and its scope of application should be clarified,and "scenario-based" identification should be introduced on this basis to assist in defining personal information.Secondly,the distinction between personal information and privacy should firstly be accurately grasped from the conceptual perspective;secondly,the differences between personal information and privacy in terms of protection mode should be clarified from the legislative normative level;finally,the distinction should be made at the level of legal relationship based on the characteristics of judicial practice;thirdly,the judicial determination of personal information infringement damage should be based on the scientific definition of the meaning of damage,with "Fourth,the judicial determination of personal information infringement liability should follow the legislative intent of the personal information protection law to regulate personal information processing behavior.In the determination of infringement,the determination of illegality of the act should be the main focus,supplemented by the determination of damage;clarify the criteria for the determination of damage and causality,and apply the typology according to different infringement subjects and liability modes.