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Research On Tort Liability Of Personal Information Network

Posted on:2021-05-18Degree:MasterType:Thesis
Country:ChinaCandidate:W T ChenFull Text:PDF
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Personal information refers to the information that has a certain correlation with a specific person and can be independently or mutually verified with other information to identify a specific individual.With the advent of the era of big data and the continuous development of various network technologies,people can not only enjoy the convenient life brought by technology,but also suffer from the security risks brought by personal information disclosure.When we use the Internet or various apps,we will register different account information.The development of the Internet has brought us a very convenient way of life.We can carry out various activities such as learning and entertainment.Especially now,the emergence of all kinds of apps is more convenient for our study and life.But everything has its advantages and disadvantages.In reality,users' personal information is illegally collected,leaked and traded,and other issues become more and more serious.Thus,the personal information of the information subject has certain security risks,which will directly affect the vital interests of the information subject.Nowadays,with the development of social information,the collection and storage of personal information becomes very simple.It makes it more and more serious to infringe the rights and interests of the information subject through the network platform,and our work and life are more and more inseparable from the network,which makes our information of each information subject have certain security risks.How to identify and investigate the infringement responsibility of personal information after being infringed has become the core issue to be concerned.Therefore,first of all,to determine the nature and attributes of personal information can better identify and investigate the responsibility.In the current legislation of our country,the exact definition of personal information has not been explained in detail,and the extension and connotation of the right of personal information have not been made clear.The legal provisions on personal information protection have not formed a complete system,involving the protection of personal information in various department laws,administrative regulations and judicial interpretations,so the imperfection of personal information legal protection is obvious.In this paper,firstly,the definition of personal information is explained by using the concept analysis method,then the form of infringement is further analyzed and studied,then the general theory of network infringement is considered from the form of expressionof network infringement,combined with the tort liability law,relevant laws and regulations related to the protection of personal information and relevant provisions of judicial interpretation,This paper studies the liability of personal information network tort on the theoretical level.Secondly,combined with the current situation of domestic and foreign legislation,using comparative research and literature research,this paper studies the advanced foreign legislation system,and then puts forward some suggestions on personal information protection in China.Thirdly,according to the above theoretical analysis and the characteristics of personal information network infringement,the particularity of personal information network infringement and the related problems are put forward.Finally,according to the relevant issues put forward to solve the legislative proposals.In the infringement of personal information network,the interest relationship is relatively complex,and the infringement behavior is also diverse.The application of the general fault principle to the imputation principle in the determination of fault in tort requires too much burden of proof for the obligee to claim relief,which correspondingly increases the cost of relief.In this paper,by using foreign advanced legislation for reference,by distinguishing different infringers and applying different imputation principles to different infringers,we can effectively prevent all infringers from applying the same imputation principle,which will lead to two extremes.In addition,we need to add some specific exemptions on the issue of exemptions,which can promote the development of big data in China,in this case,we can better balance the use and protection of the relationship between the two.Finally,in view of the difficulties and problems put forward,combined with the legislation and practice of advanced legislative countries,put forward suggestions to improve the protection of personal information in China.
Keywords/Search Tags:Personal information, Tort relief, Punitive damages, General defenses, Liability for Internet Tort
PDF Full Text Request
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