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The Legal Analysis On Privacy Dispute That Panglipeng Sued Quna Software Technology Co. Ltd And Eastern Airlines

Posted on:2020-05-07Degree:MasterType:Thesis
Country:ChinaCandidate:B L LuoFull Text:PDF
GTID:2416330623951528Subject:Law
Abstract/Summary:PDF Full Text Request
In the information age,personal information security concerns the vital interests of everyone.In the explosive growth of personal information,incidents of infringement of personal information rights have emerged in an endless stream,and cases related to this have risen year by year.By analyzing similar cases in judicial practice and understanding the ways of protecting personal information in judicial practice,it is of great significance to study personal information protection.First,it has a positive effect on the protection of individual civil rights.Second,it can provide assistance for the special legislative work of personal information protection.Finally,it has a guiding role in the circulation and management of personal information.Pang Lipeng v.Concha and the China Eastern Airlines Privacy Disputes are a typical case of protecting personal information.This case is called a privacy dispute and is a personal information dispute.The basic fact of the case is that Pang Lipeng entrusted Lu Chao to purchase the ticket.Lu Chao purchased a ticket for China Eastern Airlines through the network of the company,which was retained by the company.The entire ticket purchase process retained the information of Lu Chao,but then Pang Lipeng received the fraud information.Pang Lipeng believes that his personal information has been leaked by Fun Company and China Eastern Airlines,and both of them are brought to court for the protection of personal rights.There are four main points of dispute in the case: one is whether the case can be remedied through privacy disputes;the other is whether the existing evidence can prove that the information is leaked by China Eastern Airlines and Funa;the third is Eastern Airlines and Funa Whether it is faulty;the fourth is whether the responsibility defense is established.Through analysis,it can be seen that the judicial practice mainly protects personal information under the right of privacy and reputation.As a result,the boundaries between personal information and privacy rights are ambiguous,and it is impossible to fully protect personal information rights.In addition,the burden of proof for personal information infringement cases There is no clear definition of the problem,let alone the issue of civil liability of third-party information processors,and the protection of personal information rights has not reached an ideal state.After analyzing the case,it is not a long-term solution to protect personal information under the right of privacy and reputation.Personal information rights and privacy rights need to be divided.Therefore,personal information rights should be established as soon as possible.The Information Protection Law,at the same time,should not only clearly clarify the infringement burden of infringement of the right to personal information,but also respond explicitly to the issue of infringement liability of third-party information processors in cases of infringement of personal information rights.In order to fully protect the rights and interests of personal information,and promote the orderly development of the information industry.
Keywords/Search Tags:personal information, privacy, infringement burden of proof
PDF Full Text Request
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