Research On Tort Liability Of Private Information

In the era of Internet Big Data,the security value and economic value of personal information for the subjects of personal information is becoming more and more prominent.Although the rapid distribution and exchange of personal information contributes to people’s production and life,it also poses a great hidden danger of breach of personal information security:personal information citizens are illegally collected,leaked and used more and more,which seriously threatens the personal safety and mental state of the subject of personal information.Information security is often subject to various violations and it is difficult to get appropriate protection and assistance.Therefore,the protection of personal information security of personal information subjects is particularly important.This article examines personal information from the perspective of tort liability research and seeks to make a certain contribution to the protection of personal information from tort liability.The first section of this article focuses on the connotation,legal attributes and rights of personal information,explains the legal concept of personal information and clarifies that personal information should be protected as a right,and personal information has the dual legal attributes of person and property,laying the foundation for further research.The second section of this document examines in detail the elements of liability for a breach of personal information rights from the perspective of tort research,and in particular highlights the generality and specificity of the elements of a breach of personal information rights,including illegality,harm results,subjective fault and causation Discuss in detail features of personal data in the field of tort liability.The third section of this article mainly presents the specific liabilities of personal data breach liability:the author demonstrates and explains the multiple fitting theory supported by this article,based on the introduction of the one-dimensional fitting theory and the two-dimensional fitting theory,and suggests that it should be based on to the offending entity.Different attribution principles apply to identification and processing technology;then the reasons for exemption from violation of the rights of personal information are introduced and compensation for personal information is discussed from two points of view:property compensation for damage and compensation for spiritual damage.The fourth section of this article first summarizes the problems that exist in the tort of personal information in my country,including the difficulty of defining the subject matter of the tort,the difficulty of defining general damages and mental injury,the difficulty of determining the amount of tortious damages,and the imperfect relief provisions.Proposals:clarify specific standards for identifying personal information infringers,distinguish general methods for identifying personal information damage in the form of direct infringement and indirect infringement,reduce standards for identifying mental damage,improve the method of calculating the amount of compensation for mental damage,as well as further improve personal information damage Scope Definitions and Grounds for Exemption from Breach of Personal Information.