A Study On The Tort Of Personal Information Leakage In The Era Of Big Data

With the big explosion of data in the information age,we have gradually stepped into the "big data era".McKinsey,a world-class well-known company,was the first to put forward the arrival of big data's era.McKinsey said that data has become an important factor of production,and exists in a variety of industries,human mining and use of a large number of data information,indicating that we will usher in a new wave of social-economic boom.But everything has two sides.On the one hand,the arrival of big data era can promote the development of information technology and social economy,big data's value lies in the ability to informationization of human behavior,choice and characteristics,and can provide some convenience for human production and life.On the other hand,with the "data" and "network" of personal information,the risk of personal information disclosure is also increasing,and always threatens the property security and even personal security of the information subject.At present,the provisions of the law of our country on the tort liability for personal information disclosure are more decentralized,and in judicial practice,most of them are based on the right to privacy,which cannot effectively protect the rights and interests of the information subject.Based on the background of big data era,this paper takes the infringement of personal information disclosure as the research object,and uses case analysis and comparative analysis to comprehensively analyze the current situation and countermeasures of personal information disclosure infringement at home and abroad.The main ideas of the study are as follows: first of all,on the basis of the analysis of the theory of personal information,the definition and legal attributes of personal information are defined,and the establishment of the right to personal information is put forward.Secondly,it analyzes the provisions on the principle of imputation in the tort law of our country,and combines the cases of personal information disclosure infringement in the current judicial practice of our country,with the tort subject as the distinction.This paper puts forward the imputation principles and constituent elements of the tort of personal information disclosure,and comprehensively analyzes the ways to bear the tort liability of personal information disclosure.Finally,on the basis of analyzing the experience of relevant regulatory measures in foreign countries,this paper puts forward the measures to deal with the infringement of personal information disclosure in line with the reality of our country.From the point of view of personal information disclosure and infringement,this paper focuses on the civil relief of the infringed after the personal information disclosure.On the basis of summing up and perfecting the theoretical viewpoints on the right to personal information,this paper further analyzes the theory of tort liability for personal information disclosure.This paper innovatively puts forward a diversified personal information protection mechanism,which is not only limited to the formulation of personal information protection law,but also has certain practical significance for regulating the infringement of personal information disclosure and strengthening the civil relief to the information subject.