On Civil Liability For The Leakage Of Personal Information

The personal information has been becoming an important kind of social resource in today’s society. The government agencies, enterprises and other organizations such as the Bank and the Hospital hold a rich bound of personal information in a direct or indirect way. Especially those enterprises, they have been deeming the personal information as a brand-new kind of "product" which will bring them considerable economic benefits. Being commercialized and materialized, the personal information is facing an unprecedented challenge in legislative protection.This paper begins its discussion with the nature of the Right of Personal Information from the perspective of civil law, falling into five parts.Part Ⅰ, Introduction, in which briefs the definition, main contents and legal characteristics of personal information, gives a brief overview of current research status in our country as well as brings about the purpose of the paper based on the status quo of the infringement of personal information and its harm.Part Ⅱ, i.e. the opening chapter, in which discusses the nature of personal information and its civil legal relationship. Through analysis and exploration, it is concluded that personal information right is a kind of concrete personality right with subject of right and obligation as its civil legal subjects, and the right of holder of personal information right and the obligation of personal information controller as its civil legal contents.In part Ⅲ, this chapter mainly discusses the nature of such behavior as leaking personal information in civil law from three aspects, i.e., liability for breach of contracts, contracting negligence responsibility and tort liability.And in Part Ⅳ, the paper analyzes the civil liability and damage compensation issue for the infringement of personal information right in civil law. Firstly, it discusses how to bear civil liability both in contract law and tort law and how to deal with the concurrence between liability for breaching contract and tort, as well as their grounds for exemption. Secondly, it explores damage compensation issue, suggesting that punitive damages shall be applied herein in addition to the relief compensation. Meanwhile, the damage limit shall be provided.The final chapter reviews the current situation of personal information protection in civil law in China, and proposes three advices on how to strengthen the protection for personal information right, i.e., civil regulation to be improved and perfected, Personal Information Protection Act to be established and judicial remedies to be consummated.