Judicial Determination Of Infringement Of User Privacy Information By Network Platform

With the advent of the era of big data,there are a large number of problems concerning the infringement of user privacy information,such as the disclosure,theft,and unreasonable use of personal information of users,which seriously damage the legitimate interests of users.In recent years,relevant legislation on user personal information has been scattered in many laws,such as Articles 14,29 and44 of the Consumer Rights Protection Act,"The Supreme People's Court on the Use of Information Network Article 12 of the Law on the Application of Laws in Civil Disputes against Personal Rights(hereinafter referred to as "Information Network Infringement Regulations"),Chapter 4 of the "Network Security Law",Article 111 of the General Principles of Civil Law,The Judicial Interpretation of the Criminal Penalty and the Code of Personal Information Security for Information Security Technology are all stipulated.Based on the actual situation of China and the status quo of the judiciary,this paper starts from the idea of proposing judicial disputes,analyzing judicial disputes,and solving judicial disputes,and combines theory and practice to improve the judicial standards for infringement of user privacy information on the network platform.This article is divided into three chapters,the main contents are as follows:The first chapter is a review of the status quo of the network platform infringing on user privacy information.The first section starts from two classic cases and summarizes the different practices of online and online websites that infringe on user privacy information.The second section analyzes the actual status of user privacy information for network platform infringement.At this stage,there are a large number of violations of user privacy information,and user data leakage has become the most important infringement.Combined with the frequent occurrence of a large number of violations of user privacy information,the reasons for this situation are analyzed.The third section analyzes the cases of infringement of user privacy information on the network platform,and counts a total of 106 related cases from 2011 to 2018.It is concluded that such cases are mainly concentrated in 2015~2017.The reason for the decrease in 2017~2018 is that the "General Principles of Civil Law","Network Security Law" and related laws and regulations are promulgated,and there are regulations on the collection,utilization and protection of user information.The distribution of cases is mainly concentrated in Beijing and the coastal areas.The author summarizes the controversial focus from the judicial judgment,that is,the legal nature of the user's private information,the identification of the elements of the responsibility,and the validity of the privacy policy.This is discussed in detail below.The second chapter is the practical dilemma of the network platform infringing the judicial identification of user privacy information,and elaborates on the above summary of the focus of judicial disputes.First,the legal nature of the user's private information is determined.For example,the cookie information is different from the case,causing disagreement in the theoretical circle.Second,there is controversy in identifying the elements of the online platform infringing on the user's private information,mainly because of the inconsistent determination of causality and the unclear determination of the damage,and there are different opinions in different cases.Third,each website or mobile app will formulate corresponding privacy policy regulations.In the case of the validity of the privacy policy,the courts have differences,and the difference in privacy effectiveness has a greater impact on the user's informed choice.Furthermore,the unfair privacy policy substantially expands the rights of the operators themselves and restricts the rights of the users,resulting in the unequal rights and obligations of the parties,and cannot be the excuses for the network platform to infringe on the user's private information.The third chapter discusses the improvement of the judicial standards for the violation of user privacy information on the network platform.Compare the three major issues raised above with the status quo of domestic and foreign personal information protection legislation,improve the judicial criteria for infringement of user privacy information on the network platform,including clarifying the judicial identification of user privacy information in China,reconstructing the infringement constituent elements and constructing the privacy policy.Criteria for identification.Firstly,from the source,the identification of the user's private information on the network platform is solved,that is,the identification and connotation of the user's private information is clarified,and the problem of judicial application is further clarified.In addition,re-constructing the new rules of user information privacyinfringement is the illegal behavior existing in the network environment,the damage result can be appropriately expanded,and the “presumption” is adopted in the determination of causality,and the part that can determine whether the agent has fault can use part.The principle of fault presumption.Finally,the privacy policy certification standard is established.It is determined from four aspects that the privacy policy should be presented in a significant way,the privacy policy with reasonable expectation of privacy and the reliance interest has effect,and the privacy policy is not limited by the explicit consent of the user,and the privacy is unfair.The policy is not effective.