Research On The Principle Of Presumption Of Fault For Infringement Of Personal Information Rights And Interests

Article 69(1)of the Personal Information Protection Law stipulates that the liability principle of the presumption of fault should be applied to the behavior of the personal information processor that infringes on the rights and interests of personal information.However,regarding the application of this principle,there is still a dilemma that the identification standard of the constitutive elements of the establishment of tort liability is unclear.Therefore,it is worth discussing the presumption of fault of the personal information processor in the personal information infringement dispute,the elements of damage and the applicable conditions of causality between the tort and the damage consequence.This paper is divided into four chapters.The first chapter expounds the establishment process of the principle of presumption of fault in the infringement of personal information.Article 69 of the Protection of Personal Information belongs to the special provisions of Article 1165 of the Civil Code and should be applied preferentially.The second chapter explains the theoretical basis of the principle of presumption of fault applied to the infringement of personal information.In various debates about the principle of liability for personal information infringement,such as the principle of no-fault liability,the principle of fault and the theory of distinction,The application of the principle of presumption of fault has the legitimacy of achieving the unification of the rights and obligations of the personal information processor,balancing the proof ability of the information subject and the personal information processor,conforming to the essential characteristics of the statutory obligation and realizing the unification of the judicial adjudication rules,which involve both practical and theoretical aspects.The third part is to discuss the limitation of the principle of presumption of fault in application,which mainly limits the subject to be the personal information processor,and it should make a substantial judgment on whether the relevant subject is the personal information processor according to whether or not it conducts the personal information processing independently.However,the object of application is limited to the public personal information,and the privacy protection rules of the Civil Code should be applied preferentially if the processing of private information constitutes infringement.Chapter four is the specific application of the principle of presumption of fault in the determination of personal information infringement.Among them,for the fault requirements,if the judge wants to determine that the personal information processor is at fault,combining with judicial practice and legal provisions,the judge can assume that the personal information processor is at fault on the basis of failing to fulfill the security obligation,and can assume that the personal information processor is at fault on the basis of violating relevant legal provisions.It can be presumed that the personal information processor is at fault on the basis that the processing behavior of the personal information processor exceeds the necessary limit,or it can be presumed that the personal information processor is at fault on the basis that the way of processing the personal information violates the relevant industry rules.As for damages,judges should first recognize the particularity of damages in personal information infringement disputes,so as to make a comprehensive determination based on the actual situation of the case.Finally,for the part of causality,we still adopt the traditional conditional theory and the equivalent causality theory to carry on the two-level identification logic of causality.