The Civil Liability Of Network Service Provider Infringing Personal Information

In 2017,the general principles of civil law has added the legal protection of personal information of natural persons,which means that the protection of personal information has been clearly stipulated in the civil law system.The Internet industry is one of the most serious infringement of personal information in China.In the network environment,the subject of infringement of personal information usually has network users and network service providers.In the early years,the majority of the infringing subjects were network users,and the infringement behavior was mainly manifested in human flesh search and disclosure of personal information of others.But with the advent of the era of big data,the network service provider as violations of personal information behavior main body increase in the number of cases,and tort also presents different types,such as secret collecting users' personal information,such as the illegal use of personal information on the spam.This paper studies the civil liability of network service providers to infringe personal information,including the infringement of individual network service providers and multiple network service providers.This article first to discuss personal information and personal information rights,secondly discuss the network service providers responsibility componets of violation of personal information,finally,the network service providers responsibility of violation of personal information are analyzed.The structure of the thesis is divided into three chapters:The first chapter discusses personal information as object and personalinformation as civil rights.Definition of personal information first,secondly elaborated personal information in the natural human body,has the dual attributes of property characteristics of identification and personality,again to distinguish the boundaries between personal information and privacy.On this basis,further discuss the personal information as the civil rights and interests.The first is to discuss whether the personal information protected under article 111 of the general provisions of civil law is rights or interests,and whether or not to be protected by independence.Secondly,this paper will analyze the differences between personal information rights,name right,portrait right,honor right and privacy right,and clarify the nature of the object.Finally,the characteristics of network service providers and their infringing personal information are explained.In the second chapter,we study the elements of the responsibility of network service providers to infringe personal information.This chapter focuses on the determination of illegal behavior.Firstly,the author states that the network service provider may infringe the personal information processing behavior type;Explain the legal obligation and contractual obligation of all kinds of behaviors to deal with personal information,as a criterion for judging the behavior illegality.Then it discusses the harm of personality rights,damage of property rights and mental damage caused by the infringement of personal information by Internet service providers.Then we discuss the causality between the various illegal behaviors and the damage result and the subjective fault of the network service provider.The issue of imputation is also discussed in the discussion of the fault.Chapter three demonstrates the responsibility of network service providers to infringe personal information.This chapter firstly points out that the network service provider violate personal information may apply to the specific responsibilities of form,the key to interpret stop the infringement,and eliminate the danger in concrete applicable conditions of various conditions to determine mental damages in the "severity" and how the damage of property interest.Then it discusses the joint liability of network service providers,mainly discussing the joint liability of the narrow sense of joint tort and the joint infringement of personalinformation.