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Research On The Tort Liability Of Personal Information Network

Posted on:2021-01-16Degree:MasterType:Thesis
Country:ChinaCandidate:G WangFull Text:PDF
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Today's rapid development of network technology has entered the 5G era.Everyone's daily work and life are inseparable from network activities.When enjoying convenient and fast network services,personal information is also continuously collected and used.Under this circumstance,personal information will be exchanged a lot,and infringement of personal information network will inevitably occur.Because personal information has a property interest,collecting personal information,analyzing,processing,and using personal information can obtain considerable economic benefits from it.If personal information is infringed in the network environment,the personal information online infringement is more concealed,the information collection method is also easier,the circulation is rapid,the damage result is more serious,and there are many infringing subjects,it is more difficult to investigate the responsibility.In order to effectively guarantee the security of personal information on the Internet,China's legislature has provisions for the protection of personal information in the "General Rules of Civil Law","Network Security Law","Law of Tort" and other related laws,but the provisions are not perfect.The General Rules of Civil Law only stipulates that personal information is protected by law.The Cyber Security Law does not provide for tort liability,and the existing Tort Liability Law does not fully incorporate personal information into the system.When applying the legal provisions,There are more or less some problems.The"Civil Code Draft" that Wanmin looked forward to was first published in the form of continuous articles at the end of 2019,which stipulates personal information and online tort liability.Although the protection has been strengthened,the author believes that the draft still requires personal information rights.Where it is perfect,the right to personal information should be stipulated to provide a basis for the rights of personal information infringement liability.At the same time,it is necessary to improve the corresponding liability principle and exemption grounds,and improve the method of damage compensation in the personal information network tort liability.
Keywords/Search Tags:personal information rights, online tort liability, liability principle, exemption, damage compensation
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