Responsibility For Personal Information Infringement In The Era Of Big Data

In the era of big data,with the rapid development of Internet information technology,personal information data is transmitted through the Internet and other media,processed by cloud computing and applied in various fields,and plays an increasingly important role in daily life.In today's Internet of everything era,big data endows personal information with new era characteristics,personal information circulation is more convenient,infringement forms are more diverse,infringement subject is more complex and uncertain.In the era of big data,personal information not only contains the personality rights and interests of information subjects,but also has property rights and interests.Since big data in the new era endows personal information with new characteristics,the imputation principle and liability bearing method of personal information infringement have also changed correspondingly.In order to clarify the relevant issues of personal information tort liability,it is particularly important to accurately define the civil law attributes of personal information,clarify the principle of personal information tort liability and the way of liability.Article 111 of the general principles of the civil law of China clearly stipulates for the first time that the personal information of citizens is protected by the civil law of China,which reflects the great importance attached by the state to the protection of personal information.However,this provision cannot fully meet the need of protecting personal information.With the popularity of the Internet in China,the number of Internet users in China ranks the first in the world.However,China's laws and regulations on the protection of personal information still lag behind.In judicial practice,a large number of personal information infringement cases concerning the identification of personal information,the distribution of burden of proof,the application of the principle of liability,etc.In the era of big data,how to protect the personal information of Chinese citizens from infringement has become a new trend of civil law research in China.This paper starts from the responsibility of citizens' personal information infringement in the era of big data,and defines the personal information of citizens in the era of big data.Secondly,combined with the existing problems in China's current civil legislation and personal information tort judicial practice,this paper analyzes in detail the principle of personal information tort liability and the way of liability.Finally,the author puts forward some Suggestions to improve personal information tort liability.