Research On The Identification And Relief Of Personal Information Infringement Liability

With the rapid development of the mobile Internet,in the era of big data,citizens' personal information is collected in large quantities.Driven by huge economic benefits,the leakage of personal information is intensifying,which not only brings property or spiritual violations to the parties,but also disrupts the social market order.Due to the imperfect legislation and the particularity of personal information infringement,personal information infringement has difficulties in fact determination and judicial relief.In law,the protection of personal information needs further discussion and research.This article focuses on the analysis of the "Pang Moumou v.Eastern Airlines case" and conducts research on the dilemma of the legal application of corporate operators' infringement of user's personal information in judicial practice.By analyzing the status of personal information infringement identification and remedies,the effectiveness of protecting personal information method.The first two chapters reviewed and sorted out the controversial focus of the "Pang Moumou v.Eastern Airlines case".Through inductive and in-depth analysis of the focus,several difficulties in judicial determination and remedies in personal information infringement cases are summarized,including how to remedy personal information infringement cases through privacy,how to allocate burden of proof,and how to establish proof standards.Chapter 3 analyzes the status quo of the determination and relief of personal information infringement caused by this case.First,the origin and development of the theory are described,and the existing legislation and judicial relief are used to discuss the reasonableness of the existence of personal information infringement relief;then,the four specific legal application issues of personal information infringement determination and relief in this case are analyzed,Including the issue of determination of "infringement" and "damage",the application of "distribution of burden of proof" and "high probability";then,summarize the status of judicial dilemma of personal information infringement cases,such as caused by law The problem that personal information is difficult to define,the infringement methods change,which makes it difficult to identify,and the relief of personal information infringement through general infringement remedies is difficult to properly compensate the infringed person.Chapter 4 introduces and analyzes the relevant theories and legislative situations of personal information rights at home and abroad,which mainly compares thelegislative experience of personal information protection in the EU,and draws enlightenment to the legislation of personal information rights in China,including strengthening the civil law The legal protection of personal information and the legislative concept of establishing specific rights for the protection of personal information.Chapter 5 provides suggestions on the improvement of personal information legislation in the era of big data.Recommendations include protecting the right to personal information as a right independent of privacy;further regulating and delimiting the sub-rights and sub-powers included in the right to personal information;formulating principles for the presumption of fault for personal information infringement cases;The legal compensation system and the establishment of a public interest litigation system.