The growth of data brings great economic value to human beings as well as great social value.While people are enjoying the pleasure and convenience brought by big data to their lives,the negative impact is immediately generated.The infringement of personal information has become the focus of countries(regions)and institutions all over the world.The European Union and other developed countries outside the region have formulated special laws to protect the security of personal information,but China's personal information protection law has not reached the level of the European Union and other developed countries outside the region.For a long time,citizens do not pay enough attention to personal information and hold a very casual attitude,and the country does not pay enough attention to personal information.In recent years,people's awareness of the protection of personal information has gradually increased,and the state has paid more and more attention to it.Personal information has been included in the general provisions of the civil law.However,the legislation on personal information is still not perfect and there are still some problems.Therefore,improving the protection of personal information law has become an important task that our country's civil legislation can not avoid.At present,the infringement of personal information is becoming more and more serious,and citizens' legal rights of personal information are in danger.In practice,the judge usually makes a decision according to the tort liability law to solve the personal information infringement dispute,but this violates the principle of having laws to follow.Some of the personal information issues in the academic community there are large and small controversy,these issues are waiting for us to clarify.This paper mainly studies the infringement of personal information.The infringement of personal information has become a major problem in judicial practice.According to the typical cases in judicial practice,this paper analyzes and determines what kind of behavior is personal information infringement,such as whether excessive collection,illegal collection constitute infringement,and whether secondary development,utilization and sharing of information constitute infringement.By studying the principles of attribution in the United States,the European Union and other countries,studying the cultural background and social environment of countries outside the region,analyzing what principles of attribution are applicable in different situations,and summarizing what rules and principles should be adopted in the infringement of personal information in China.My personal point of view is to apply the imputation principle of presumption of fault,and the principle of imputation of presumption of fault conforms to the development trend of our country.Combining with the existing civil legislation to determine the subject of personal information infringement,such as government organs,institutions,government service agencies and so on.This paper analyzes who should bear the civil liability for personal information infringement and the situations where the subject does not need to bear the liability.For example,after the consent of the subject of information,whether it is in line with China's national conditions to not bear the tort liability for the sake of national interests and academic research.Summarize the countermeasures for the protection of our personal information civil law. |