Research On The Tort Liability Of Personal Information In The Network Environment

In the era of rapid network development,citizens' daily life is inseparable from the Internet.When citizens use the Internet to query,network service providers can collect citizen information through computer programs such as cookies.A large amount of citizen information is collected,processed and utilized,and network infringement cases will inevitably occur.The author intends to contribute to the protection of personal information in the network environment by studying the tort liability of personal information in the network environment.Through comparative analysis methods,the author analyzes the difference between personal information and personal privacy and personal data,and draws on the research results of foreign legislation and various scholars to try to clarify the concept,scope and characteristics of personal information in the network environment.Personal information in the network environment has personality interest and property benefits.Network service providers collect personal information,analyze personal information,use analysis reports to provide special services for network users,and obtain benefits from them.At the same time,network service providers provide others with information.A large amount of personal information can also obtain property benefits.If the above-mentioned behavior of the network service provider infringes on the personal information of the citizen and causes the citizen to damage the consequences,it will infringe the liability.There are also differences between the constituent elements of the tort liability of personal information networks and the constituent elements of general infringement cases.The infringement of network infringement is concealed and technical,and it is often manifested as improper collection,improper management and improper use.The infringement result is more serious,and the tort liability is more difficult to pursue.In order to ensure the security of network information,the "Network Security Law",which was implemented in 2017,is applicable to network construction,operation,maintenance,use and supervision.It refers to the combination of national supervision and industry self-regulation,and regulates the network national departments and network operators.Act and stipulate corresponding administrative penalties.However,the law does not stipulate tort liability,and China's existing Tort Liability Law only stipulates the network tort liability in Article 36,so that the principle of imputation is unclear,the exemption is not perfect,and the tort liability is not accepted when applying the law.The compilation of the Civil Code is underway.The Civil Law General Principles establish that the personal information of natural persons is protected by law.The first draft of the Civil Code Code(Draft)stipulates personal information and the liability of network tort.However,the author believes that the right to personal information should be stipulated in the civil code personality right,provide the basis for the infringement liability of the personal information network,and at the same time stipulate the responsibility of the personal information network tort in the civil code tort liability.The tort liability of the network service provider applies the principle of fault presumption and liability,and the principle of fault liability is applied to the infringement liability of ordinary network users.Improve the regulations on exemption and application,and introduce punitive damages in the network tort liability.