Practical Dilemma And Solution Of Private Law Protection Of Sensitive Personal Informatio

The Law on the Protection of Personal Information provides for the first time for sensitive personal information,and clearly points out the core features of sensitive personal information that can easily infringe upon human dignity and personal and property safety if leaked or illegally used,and includes personal information of minors in the category of sensitive personal information,thus distinguishing sensitive personal information from general personal information.However,in private law practice,there are still difficulties in the judicial definition of the concept of sensitive personal information,the judicial application of the right to claim personality,the strict determination of moral damages for infringement,and the lack of application of the special exclusion of liability for infringement.Firstly,the definition of sensitive personal information requires the joint evaluation of purpose theory + scenario theory,and the dynamic definition of sensitive personal information from four factors: the subject of sensitive personal information,the person who handles the information,the type of information(subject matter,attributes),and the conditions of information transmission or collection.Secondly,sensitive personal information is justified by its object properties and the legislative purpose of the relevant provisions,and the relationship between personality right claims and tort liability is examined in a systematic way to broaden the way of protection in judicial practice by clarifying the circumstances of application of personality right claims for sensitive personal information.Thirdly,in terms of the determination of tort liability,the traditional determination of damage under tort law is reviewed,and risk-based damage is recognised,recognising that a substantial and highly conclusive future risk can also satisfy the requirement of certainty of damage.It also clarifies the special exclusion of consent for infringement of sensitive personal information.When dealing with sensitive personal information,separate consent should be independent of consent for general personal information,and requires express,independent and active affirmative consent.Written consent is a stricter form of consent based on separate consent and can take the form of contracts,letters,emails and other tangible expressions.Processors of personal information of minors are required to identify the information of minors under the age of fourteen and to verify that the subject of consent is the guardian.