Research On The Principle Of Network Infringement Liability Of Personal Information

With the in-depth development of science and technology,the problem of infringing on personal information has become more and more serious by means of Internet information processing.The Internet is a double-edged sword,and technology has brought us challenges while bringing convenience to our lives.Both Internet service providers and ordinary Internet users may use the Internet to illegally collect,sell or disclose personal information,which poses a great hidden danger to our personal safety and property safety.Faced with diversified infringement subjects and increasingly serious personal information infringement issues,China has gradually begun to pay attention to the protection of personal information.Whether it is the "Postal Law","E-commerce Law","Consumer Protection Law",or "Network Security Law" and "General Principles of Civil Law",111,it confirms China's determination to protect personal information.However,it cannot be denied that most of these laws are principled and structural,and the content is more scattered.The research on issues related to personal information is mostly focused on what kind of personal information protection mechanism should be established in China,as well as personal information.Conceptual definition of nature identification and personal information.Therefore,in the current context,effective protection of personal information is still a difficult problem to be solved in our country's laws.Judging from the current judicial practice,China has adopted the method of protecting privacy rights to solve cases of infringement of personal information,and the principle of general fault liability is also adopted in the principle of liability.However,due to the particularity of personal information infringement,it is difficult to protect the legitimate rights and interests of the infringed person and reasonable relief by applying such imputation principle.In addition,the particularity of the Internet makes the network infringement of personal information particularly special.Therefore,in the face of the current social reality,combined with China's existing legal system and foreign legislative experience,the individual information network infringement should adopt a multiple model that applies different imputation principles to different infringement: The principle of fault liability applies the principle of fault presumption of liability and the principle of no fault liability to network service providers.