Study On The Tortuous Liability For Data Storage Of The Cloud Storage Service Providers

Cloud storage, as an emerging model of information storage, is a complex and upgraded version of the traditional network storage. practically, the cloud storage service providers often have torts. However, there is no legal basis for the identification of tortuous liability of the cloud storage service providers. The identification of tortuous liability of the traditional network service provider can be learned from though, it’s still in a very ambiguous state. Such as there are many different explorations on “duty of care” of the traditional network service providers in academia and practice. As a result, it is necessary to identify the tortuous liability of the cloud storage service providers with special legal status for the purpose of protecting the information rights of the cloud storage service users.In Part one, the differentiation and definition are stated between the cloud storage service provider and the general network one, the cloud storage service provider and the traditional network disk one, which aim to demonstrate the rationality of the thesis. The unique operating mechanism of the cloud storage service provider makes it distinguish from the traditional network disk and network one. The risks of infringing the personal information right are greatly increased for the reason that the personal information subject in the cloud storage does not actually control the information.In part two, the author will describe the identification of tortuous liability of the cloud storage service providers, including the application of the principle of tort liability for the cloud storage service providers and the identification standard for the fact of damage. There are two types of the fact of damage, one is the damage to the personal information, which is a damage to the property interest. The other is the damage to the subject of the personal information, which is a damage to the personality benefits. There are also two types of the applications of causality, relative causality and added causality, which are not contradictory but in different tortuous states. Besides, the conditions for liability exoneration must be regulated for the infringement actions of the cloud storage service providers. And the case of exemption must be further restricted to balance the interests of all parties.The ways of damage compensation for the cloud storage service provider taking on the tort liability are demonstrated in Part three. The standard for compensation amount should be in line with the principle of full compensation, and a universal applicable compensation standard should also be established with various factors taken into considerations. Only Mental damage compensation is applicable, can the damage to the information subject suffers be compensated. Both the degree of damage to the information subject and the type of the tort object need to be taken into accounts comprehensively. In order to better balance the interests of all parties, it is necessary to apply the punitive compensation standard. In addition, a precise standard is not indispensable to obtain a better legal relief.