Personal Information Network Tort Liability Research

Personal information means information that is associated with a particular person and can be identified individually or in association with other existing data,including but not limited to the name,occupation,workplace,work cycle,mode of work,contact telephone,and consumption of natural persons Ability,shopping tendency,operating habits,hobbies and so on.With the rapid development of large data technology,people enjoy the exchange of information and the benefits of high-speed transmission at the same time,also suffered personal privacy and personality characteristics of personal information disclosure of security risks,especially in the Internet field.In contrast to the acquaintance's social context,personal information that can reflect individual representations and assist in portraying individual personality images can often play a vital role in unfamiliar social situations,so that personal information that is symbolic in personality is once unlawful The intentional collection,use or treatment will make the free will of the personal information owner and its personal and property security in a threat state,and therefore must be subject to legal infringement of infringement of personal information infringement.In the current legislation of our country,the extension and connotation of the personal information right has not been clarified.The legal provisions of personal information protection have not yet formed a unified system.The relevant provisions are scattered in various departments' laws,administrative regulations,departmental rules and judicial interpretation,The imperfections of legal protection of personal information are more prominent.This paper first uses the concept analysis method to discuss the personal information right,and then analyzes the general theory of the network infringement from the form of the behavior of the network infringement,and combines the "tort liability law" and the relevant laws and regulations concerning the protection of personal information Judicial interpretation of the relevant provisions of the personal information network tort liability for theoretical research.Secondly,combined with the current situation of domestic and foreign legislation,the use of comparative research and literature research method,analysis of personal information network tort liability elements and responsibility to the way to personal information network infringement responsibility for identification and regulation.Thirdly,according to the above theoretical analysis and the phenomenon of practice to extract the personal information network tort liability difficulties and problems.Finally,according to the relevant difficulties and problems,put forward to improve China's personal information network infringement protection related recommendations.