On The Pluralism Of The Principle Of Personal Information Infringement Liability

Article 69 of the Personal Data Protection Act clearly states that a processor of personal data who violates the personal rights and interests of others is to be investigated under the principle of presumption of liability,while the Civil Code expressly mentions this if the rights and Interests of personal data are protected by law,the responsibility for the violation of personal data is investigated.From the current legal practice and academic research in China,several provisions of the Civil Code and Article 69 of the Life Insurance Law establish the principle of responsibility for personal data breach,but the Civil Code and Life Insurance Law establish the principle of responsibility for personal data data breach.Both laws are based on the "Constitution" and therefore have the same legal status.The Life Insurance Act cannot simply be defined as a special law of the Civil Code,but directly determines the application of Section 69 of the Life Insurance Act.This paper considers that the application of the principle of unity of responsibility in determining liability for personal data in tort,be it the general principle of fault,the principle of presumption of fault or the principle of liability without fault,Complex can not meet and different situations in the practice of tort law related to personal data,so it is proposed to apply the principle of majority liability.The purpose of this paper is to examine the state of development of the theory of tort liability for personal data,with a focus on the analysis of the competition of legal application caused by the incompatibility between Article 69 of the Life Insurance Code and the provisions of the Civil Code on personal tort liability and the legitimacy and necessity of multiple liability principles,explains the reasons for the existing problems and proposes appropriate improvement measures.This paper constructs the compromise and application of conflicting clauses between life insurance law and civil law,i.e.Fault-based liability as exceptional principles of the German Civil Code and discusses the diverse and dynamic burdens of complex liability in the event of personal data breaches.