Research On Improvement Of The Rules Of Personal Information Infringement Relief

In the big data era,it is not uncommon for personal information to be infringed,which has seriously jeopardized the vital interests of personal information subjects.At present,the laws and regulations on the protection of personal information in our country are not perfect,which can not effectively protect the legitimate interests of personal information subjects.The main reason why personal information can not be effectively protected is that the rules of personal information infringement relief are not perfect.This article will take the personal information infringement cases in the judicial practice as the main research objects,analyze the shortcomings of the rules of personal information infringement relief,and put forward the corresponding suggestions.In addition to the introduction and conclusion,there are four chapters in the main body.Chapter 1 mainly focuses on the data analysis of 111 personal information infringement cases.Specifically,chapter 1 mainly includes two parts.Firstly,it introduces the selection of 111 cases of personal information infringement.Secondly,it introduces the specific characteristics of personal information infringement relief,including subjects of infringement,forms of infringement expression,ways of tort liability,references of legal basis,plaintiffs' victories and failures,and so on.Based on the detailed.data;chapter l presents the specific characteristics of personal information infringement cases.Chapter 2 finds that there are many shortcomings in the rules of personal information infringement relief5based on the empirical study of 111 cases of personal information infringementFirstly,it is difficult to determine the subject of tort uniquely.Secondly,the recognition of tort manifestation is very narrow.Thirdly,public personal information is difficult to protect.Fourthly,the proof standard of the consequences of the damage is too harsh.Finally,it is difficult to prove subjective fault in institutional tort cases.Chapter 3 focuses on the shortcomings of the relief rules of personal information infringement,and puts forward the corresponding improvement suggestions.Specifically,the personal information infringement relief rules need to be improved mainly as follows.Firstly,the identification of the subject of infringement should not be too strict.Secondly,it is clear that the manifestations of personal information infringement are diverse.Thirdly,public personal information should also be reasonably protected.FourthIy,it is necessary to establish the concept of distinguishing the damage consequences at the level of constituent elements from the damage consequences at the level of liability.Fifthly,the principle of fault presumption should be applied in institutional tort cases.Chapter 4 mainly discusses the legislative thinking of the relief rules of personal information infringement.This paper holds that the relief rules of personal information infringement should adopt the legislative idea of"personality right compilation + personal information protection law",that is to say,the important personal information infringement relief rules should be stipulated in principle in the part of personality right in civil code,and the detailed rules need to be improved by the personal information protection law.