The Infringement Confirmation And Remedy Of Right Of Personal Data Under The Network Environment

The beginning of the big data era makes the network closely related to everyone's lives.When people submit information,shop,search for information and make speech on the network,their preferences have been leaked inadvertently.Personal information,by the situation,has been infringed by unprecedented challenge.The infringement of personal information right on the network means that the infringement makes use of the network to improperly acquire,disclose,tamper and trade on the information of the natural person directly or indirectly,and infringes the right of the information subject to control and use the information.Although The General Principles of the Civil Law of the People's Republic of China has through the protection of personal information for the first time,but there is still a lack of detailed provisions about personal information protection in China's laws includes the basic law of the network.The infringement of personal information on the network are mentioned but without targeted solutions in the various types of laws and regulations and judicial interpretation.So the basic identification and remedies of the right of personal information on the network has urgent realistic research needs.According to the basic theory of law,the constituent elements of tort protection,the published laws,regulations and judicial interpretations,this paper research the tort liability by using the basic methods of comparative analysis in the legislative model,puts forward the way of individual's remedy and special way to take responsibility in the network environment.Therefore solve the problem caused by infringe when pursuit of economic interests and protect individual basic rights to truly achieve the balance of personal information protection and information of use.