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Research On The Tort Liability Of Personal Information

Posted on:2019-12-03Degree:MasterType:Thesis
Country:ChinaCandidate:T ChengFull Text:PDF
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With the development of the large data age and the rapid development of the information industry,people enjoy the convenience brought about by high-speed transmission of information,but they are also troubled by the infringement of personal information.Personal information being violated occurred frequently,such as frequent spam message,harassment calls,personal information being leaked and soon.Those improper behavior have bad influence on the subject of information,some of which suffered damage of property interests,or mental panic and other negative effects.Most countries have legislated to protect personal information,and the protection of personal information is still in the stage of exploration,which is scattered in laws and regulations and judicial interpretation,resulting in a challenge to the identification and relief of personal information infringement.This article takes the personal information infringement case collected on the Internet as an example,analyzing the related legislation and theory and taking foreign legislative experience to the personal information tort liability into consideration,put forward suggestions about personal information infringement recognition and liability assumptions.By analyzing three cases of personal information tort liability,I extract the problems existing in the actual case and then propose suggestions about how to solve these problems.First of all,what kind of principle of liability should be applied to the infringement of personal information?By comparing foreign relevant legislation and the legislation of Hong Kong and Taiwan in China,I think that in the basis of taking Chinese legal tradition into consideration,we should distinguish between different national and non-state organs and apply different liability principles which is reasonable for China.Next,I introduce the infringement behavior of personal information stipulated in the relevant legislation of our country,and point out that the enumerated inductive infringement is not comprehensive.With the help of the infringement behaviors appearing in judicial practice,I sum up three types of infringement.Besides,according to the disputes occurred in judicial practice about the standards concerning the identification of damages,I put forward the view that damage per se is more reasonable which means the infringement of personal information itself is damage,and then analyze its rationality.At last,I put forward suggestions for perfecting personal information infringenment liability,including four points:increasing the status and application rate of stopping infringements and apology,setting the standard of the amount of compensation for mental damages,introducing punitive damages to prevent personal information violations,and establishing exemption for personal information infringement.
Keywords/Search Tags:personal information infringement, doctrine of liability fixation in infringement, constitutive requirement, liability for tort
PDF Full Text Request
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