Research On The Identification And Relief Of Personal Information Rights Network Infringement

The 111 st milestone of the general principles of civil law establishes the right of personal information,and lists the prohibition of infringement on personal information.Accordingly,the personal interests carried by personal information are recognized and protected in the civil law.As a new right,the identification and relief of personal information tort is the question of how to protect the new right in tort liability law.The tort cognizance and relief of personal information right should conform to the norms and related theories of the current tort liability,but as a new type of right,there will naturally be no match with the existing norms of tort liability law.First of all,in the infringement of the personal information right network the relationship of interests is complex,the subject of tort is more extensive,and the tort is also diverse.The general fault principle applies to the principle of general fault on the burden of proof for the right holder to claim relief,and the cost of relief is too high.The way of fault presumption is more suitable for the distribution of responsibility in the infringement of personal information network.Secondly,in order to promote the value of personal information,we also need to exempt from some of the use behaviors that may arise in the information utilization.As an exception of infringement,we need to balance the relationship between utilization and protection.Finally,considering the right of personal information in Internet infringement,tort repeatability,low cost and other characteristics,the traditional compensatory remedies make the right of personal information infringement illegal cost is low,the introduction of punitive compensation system can compensate for this deficiency.In view of the problem of infringement of personal information rights,we can learn from European legislation and typical German legislation as a representative of continental law system,as well as legislation in Taiwan.In order to improve the protection of personal information right in China,it draws lessons from the protection of tort protection on the right of personal information right in China.