Research On Tort Liability Of Personal Information Rights Under The Network Environment

Personal information is associated with a particular individual,reflects individual characteristics,and has a recognizable symbol system,including personal rights and property rights and interests.The rise and rapid development of the network not only brought about the communication and communication of information,but also caused the hidden danger of personal information security.The situation of violating personal information rights such as "phishing website" and "human flesh search" is endless.The improper collection,utilization and processing of personal information not only cause mental damage to the information subject,but also make it suffer property loss.Therefore,it is imperative to strengthen the legal relief of the infringement of the personal information right network and to perfect and perfect the legal responsibility system of the infringer.At present,China's current legal provisions of the right of personal information is not specific provisions on the right of personality,personal information is scattered in various departments of law,administrative regulations,departmental regulations and judicial interpretations,has not yet formed a unified legal protection system,and the "civil law" article 111 st although total personal information into civil law within the scope of protection,but did not specify the specific protection measures,especially the provisions of the tort liability of personal information infringement bear unclear.In addition,the legal protection of personal information right under the network background,especially the imperfections of the related tort liability system,is the short board for the legal protection of personal information right.According to the tort liability of the right of personal information under the network environment are studied,mainly divided into four parts: the first part is an overview of personal information infringement under the network environment,the definition of the right of personal information under the network environment research,characteristics of the personal information right and infringement under the network environment.The two part is the research on the current situation of the legal relief of the infringement of personal information right under the network environment.The third part analyzes the identification of the liability for infringement of personal information right under the network environment.First analyzes the main responsibility of infringing on the right of personal information under the network environment;secondly,clear the principle of imputation;finally,focuses on the network environment of personal information right tort liability elements;the fourth part of the combination of the characteristics of personal information infringement under the network environment,to explore the tort liability of related problems,and analysis of the personal information right of free internet infringement liability;the last part according to the personal information right infringement legal protection status,on the basis of previous research,put forward the right of personal information under the network environment tort liability legal system perfect suggestions.