A Study On The Tort Liability Of Right Of Personal Data On Cyberspace

The development of information industry make everyone’s life related to the cyberspace, however, the situation of the tort on personal data right should not be underestimated when people are free to express, to buy goods, to browse information via network. The tort liability of the right of personal data on cyberspace means the infringer make use of the net to obtain, to public, to tamper and trade the information of natural person. The concept of personal information are consist of the personal interests including name, portrait, reputation, privacy and so on and the value of property interests because of its use value and exchange. As a result, it is worth to protect Because of the characteristics of the network itself, the influence of infringement of personal information right in the dissemination of the breadth, speed and depth of the infringement has the characteristics of traditional tort incomparable, so more attention should be paid to. At the present stage of our country there is no special legislation on the protection of personal information, also to lack the special network law for personal information, the right of network infringement scattered in various laws and regulations and judicial interpretations, therefore put forward a challenge to the personal information of network infringement cognizance and relief. The typical case issued by the supreme law as an example, through the analysis of the laws, regulations and judicial interpretations released, and combined with the experience of foreign legislation on the right of personal information under the network environment tort liability, put forward according to the special network environment responsibility, in order to solve the infringement caused by the ‘external diseconomy’, in relief of the infringed and realize the benign development of the network industry.This dissertation is composed of three chapters. The first chapter is the definition of the tort liability of the right of personal data on cyberspace, including discussion of the concept, features and objects of infringement Tort-- personal interests and property interests. Chapter two is to identify and judge the infringement of personal information under the network environment, the first is the main body of tort liability is analyzed; the second is to clear the imputation principle; thirdly, with the characteristics of the network environment based on the emphasis on elements, finally, make an explanation on the exemptions. The third chapter is according to the characteristics of network infringement of personal information, put forward special responsibility to the relief of the personal information right is infringed upon, the one hand is to learn from the practice of other countries and regions on the traditional way of responsibility put forward reform proposals, the other hand is a combination of network characteristics, put forward to the ways to undertaking the specific responsibilities in the network environment.