Research On The Compensation System For Infringement Of Sensitive Personal Information

With the rapid development of artificial intelligence technology,the security of our citizens’ personal information,especially sensitive personal information,has become into focus.New technologies such as "face authentication" and "fingerprint identification" also pose challenges to the protection of sensitive personal information,posing a huge threat to human dignity and property.Therefore,it is necessary to protect sensitive personal information more strictly and carefully.A total of 51 samples of infringing sensitive personal information in 2018-2021 were selected to analyze the judicial decisions on compensation for sensitive personal information damage and clarify the deficiencies of current legal norms.It is found that for material damage compensation,there are some problems,such as the high standard of tort establishment,the failure to support the risk to be included in the scope of damage compensation and the vague scope of compensation;for compensation of mental damage,there are problems such as the protection path for private information still needs to be followed,the high standard of "serious" consequences and the loss of regulation of the discretion to determine the amount of compensation.The research on personal information in the EU,the United States and Germany started earlier,and their personal information protection legal systems are relatively complete and advanced,such as the EU adopts the principle of presumption of fault as the imputation principle of damages;the United States has set up a range of damages and support for risk based damages;Germany doesn’t set a "serious" standard for the threshold of compensation for mental damage.These contents of extraterritorial laws have great reference value for China’s future legislation.To sum up,it is necessary to improve the current legal system for compensation for damage to sensitive personal information in China.In terms of material damage compensation,the principle of fault presumption should be applied;the damage compensation can be claimed if the property loss caused by the prevention risk and clarify the items of material damage compensation.In terms of compensation for mental damage,it is necessary to set up special provisions for mental damage,reduce the consequences of mental damage from "serious" to "ordinary",and set up a statutory compensation amount range and innovative considerations for mental damage compensation in judicial interpretation.