Research On The Tort Liability Of Right To Personal Information

In the current information society,personal information has more property value in addition to its personality interests.With the developing of enterprises' collection and processing of personal information,the property value brought by the comprehensive collation and analysis of information is also increasing,and the property and personal safety of information subject is become more and more infringed.Article 111 of the General Principles of Civil Law adopted in2018 clearly states that "the personal information of natural persons is protected by law",which is of great significance to the protection of personal information.Although the right to personal information is not explicitly stated,the mainstream view of the academic community believes that the right to personal information should be recognized and protected as a specific right of personality.However,in the background of frequent cases of infringement of personal information rights in our country,there is still a lag in the legislation of personal information infringement liability,which leads to ambiguous standard for handling personal information right infringement liability cases in judicial practice.Without effective control,the rights of the victims cannot be effectively guaranteed.Therefore,it is necessary to refine the relevant provisions on tort liability of personal information right in legislation,so as to improve the protection effect of personal information.Personal information rights,is a new kind of civil rights shall belong to the concrete personality right in nature,including the right to decide information,the right to keep information confidential,the right to query information,the right to correct information,the right to carry information,the right to block information,the right to delete information,information right to be forgotten in eight kinds of power.At present,there are mainly three kinds of behaviors thatviolate personal credit right including improper collection,improper use and improper management,and the infringement has four main characteristics including the technique of infringement means,the concealment of infringement behavior,the implication of infringement consequence and the irreversibility of infringement consequence.In the analysis of tort liability,the subject of infringement of personal information rights is relatively extensive.There is still an incompatibility between the existing civil tort liability and the tort liability of personal information rights.By analyzing the legislative situation and judicial practice,this paper holds that the tort liability of personal information right still has some problems,such as the lack of the right to claim,the difficulty in identifying the tort,the unclear principle of imputation,the unreasonable distribution of the burden of proof,and the imperfect compensation mechanism.The existence of these problems greatly restricts the existing legislative protection effect of personal information right infringement liability.After abstracting of the analysis of the problem,based on the problem of personal information on the tort liability legislation in our country,this article analyzes the legislation and judicial practice of personal information infringement liability in countries outside the United States,the European Union,and Germany,and believes that its legal practice has the following enlightenments.First,foreign countries generally choose unified legislation;Second,countries outside the region pay more attention to improving the civil penalty mechanism;Third,there is a need to take into account the value balance between information flow and responsibility,provides a valuable reference for our country.Finally,this paper puts forward that China should introduce special laws and regulations on the protection of personal information right,and clearly stipulate the tort liability of personal information right,so as to provide the basis for the right of claim for personal information right infringement cases,to adopt the principle of diversified liability,to reasonably allocate the burden of proofof both parties to the lawsuit,to refine the identification of tort liability and clarify the standards for the identification of tort,and to add more punitive compensation system to establish exemption from liability and so on.It is hoped that these imperative suggestions can serve as a legislative blue map for the tort liability of personal information rights in our country.