Research On Tort Liability Of Network Operators For Disclosing Users' Personal Information

The development of the Internet has brought tangible economic benefits to mankind,promoted the pace of information civilization,and brought convenience to people's lives.As the information network penetrates into people's lives everywhere,the risk of personal information disclosure increases greatly.This puts forward higher requirements for the protection of citizens' personal information.However,the current protection provisions of personal information in Chinese laws are relatively scattered,and the provisions of tort liability for the disclosure of personal information network are also lack of systematization.In addition,in judicial practice,infringement of privacy is often used as the main points of a case to try personal information disclosure cases.However,the scope of personal information and privacy does not completely coincide,so it can be seen that Chinese current legislation can't provide sufficient basis for practice,and citizens' rights to their personal information can't be fully protected.This article takes Pang Lipeng's case against quna.com as the introduction,takes the infringement of personal information leaked by network operators as the research object,uses case analysis,comparative analysis,and other analysis methods,studies relevant cases and literature and compares the legislation of relevant areas outside the domain,comprehensively analyzes the legislative status and judicial practice of this research object in China,and finally some suggestions are put forward to solve this problem.This paper limits the research scope to the infringement of personal information disclosed by network operators.The premise of analyzing this problem is to determine the basis of rights.Therefore,the article first analyzes the legal attribute of personal information,and confirms the right and content of personal information,and then comprehensively analyzes the liability of infringement of personal information disclosed by network operators.Then itanalyzes the shortcomings of the current legislation in China,and finally,combined with the relevant legislation and relevant theoretical points of view,it puts forward suggestions to improve the legislation.Countries have made corresponding efforts to protect personal information.Germany,the United States,Japan and other countries have special legislation.In our country,the protection of personal information is relatively conservative.There is neither special legislation nor the determination of the right and content of personal information.Many problems in judicial practice need theoretical support.The research scope of this paper is the infringement part of personal information network disclosure in personal information protection.This paper limits the subject of infringement to the network operator,determines the legal attribute of personal information and confirms the right of personal information.At the same time,it puts forward innovative suggestions on the principles of imputation,the reasons of exemption,the ways of responsibility bearing and the forms of responsibility of network operators.