| The 21 st century is the era of information and data.The development of data makes the speed of information collection,processing and circulation faster and faster,and the value of personal information more and more prominent.However,personal information infringement is common,and there are many problems in the legal relief of personal information infringement in practice.In the theory of tort law,the tort of personal information belongs to general tort,and its tort composition conforms to the constitutive requirements of general tort,and needs to meet the four requirements of fault,injurious act,damage consequence and causality at the same time.By summarizing and analyzing the problems of typical cases in judicial practice,it is found that there are four main problems in personal information infringement.First,the principle of imputation is unitary.Second,there are different standards for the identification of the obligations of personal information processors.Third,there is a big dilemma in the identification of risk damage,which has not been recognized by the current civil code.Fourth,there are a series of problems in the identification of causality,such as the difficulty of providing evidence.In view of the above four issues,based on the Enlightenment of foreign experience and the basic theory of civil law,this paper puts forward the following suggestions for improvement.First,reasonably allocate the burden of proof and establish the principle of dual imputation.Second,comprehensively identify the obligations of information processors.Third,the recognition of risk damage is compensable.Fourth,simplify the constitutive requirements of equivalent causality and other measures.Through the above measures,we hope to improve the constitutive requirements system of personal information infringement in China and strengthen the protection of personal information in practice. |
