Research On The Liability Of Personal Information Infringement In China

In the era of big data,the rapid development of information network makes personal information become an important social resource.Personal information embodies the personality rights and interests of the main body of information.In March 15,2017,the 111 st article of the general provisions of the civil law,which was formally adopted by the National People's Congress,specifically stipulates the rules for the protection of personal information,and for the first time puts forward the basic norms for the protection of personal information from the basic law of the civil law.However,the existing laws in China are not sufficient to protect personal information in an all-round way.The main reason for the lack of personal information right is that the subject of information that has been infringed on legal rights and interests has never been effectively remedied.Because personal information is often included in the extension of privacy,it is difficult to identify the tort liability of personal information in the existing civil rights system when there is a violation.It is based on this situation that in the case of domestic and foreign relevant theoretical research and legislative practice,the more feasible method is to establish personal information right in civil law of our country,and then further clarify the subject of personal information tort liability,the principle of imputation and the components of responsibility.First of all,we should make a clear distinction between the right of personal information and the right to privacy.Although there are similarities,the right of personal information is different from the right to privacy in terms of the scope of the object,the legal attribute of the object and the content of the right.Therefore,the right to empower individual information should be specified as a special responsibility.Secondly,according to the "public" and "private" nature of the subject of individual tort liability,the main body of personal information tort liability is divided into public service organs and non public service organs.In the principle of imputation for the liability for compensation for personal information tort,the public service should apply the principle of no fault liability,and the non public authorities should apply the principle of presumption of fault.Finally,the tort liability of personal information includes four kinds of ways of responsibility,such as stopping infringement,eliminating danger,apologizing,and compensation for damage.Punitive damages should be applied to the cases where the tort liability of personal information is subjective and the cost of infringement is low.Meanwhile,the exemption reasons of personal information tort should include the need based on public interests,the consent of information subjects,and the purpose of academic research.