Research On The Tort Liability Of Consumer’s Privacy In Online Shopping

With the rapid changes of society and the rapid development of science and technology,people’s mode of production and living standards have undergone fundamental changes,especially the Internet economy with smart phones,mobile networks,big data,artificial intelligence and other technologies as the carrier is bringing great benefits to human beings with the fission development.However,the new consumption mode promoted by the big data of the Internet is bringing great benefits to the general public Consumers bring a lot of convenience,at the same time,their own rights and interests are threatened.One of the most significant is that the Internet economy has given new characteristics to personal privacy,so that personal privacy information is exposed to the public vision,making people nowhere to escape.What’s more,due to the lag of law,there is a lack of perfect legal regulation for the e-commerce industry with the development of gushing well.In the judicial practice of online shopping privacy infringement cases,the relevant provisions such as the determination of the infringer’s tort and the responsibility can’t solve the problem effectively.In many online shopping consumer privacy infringement cases,the rights and interests of consumers have not been reasonable Protection.Based on the research and analysis of the case No.(2017)Jing 01 min Zhong509 "privacy dispute case between Pang Lipeng and Beijing Quna Information Technology Co.,Ltd." heard by the first intermediate people’s Court of Beijing,this paper concludes that the scope of privacy is not clear,the subject of privacy infringement is difficult to identify,and the attribution of privacy infringement disputes in online shopping The following suggestions and opinions are put forward after the discussion of the four aspects of the unclear principle of responsibility and the unreasonable form of responsibility bearing.The first one is put forward by analyzing the scope of traditional consumer privacy,the views of some current scholars and the provisions of relevant laws,combined with the problems existing in the judicial level Expand the scope of the definition of the right to privacy;secondly,after summarizing and analyzing several typical violations in this field,it is believed that the scope of the main body of the violations should not be limited to the traditional understanding,but should be extended to those who can use the information retained by consumers in the process of online transactions to carry out the violations and bear the responsibility;thirdly,combining with the current situationin China The current situation in academic circles and judicial practice analyzes the application of the principle of imputation in this kind of cases and puts forward the judicial practice idea of "careful use of the principle of presumption of fault";fourthly,in the judicial practice of our country,we usually use the platform and the joint liability of platform users to analyze the cases of consumer privacy infringement,point out the improper points,and put forward the suggestions of applying the principle of liability according to share This paper discusses its rationality and feasibility.This paper analyzes the above controversial issues and puts forward suggestions and opinions to solve them from two perspectives: the overview of online shopping consumers’ privacy tort liability and the theoretical basis of online shopping consumers’ privacy tort liability,in order to solve the practical problems in the determination and assumption of tort liability in judicial practice and better protect the legitimate rights and interests of online shopping consumers.