On The Liability For Tort Of Personal Information Of Air Passengers

Passenger personal information is collected and used in a large number of aviation activities,and passenger personal information infringement cases occur from time to time,and there are different judgments for the same case.There are more and more problems that need to be solved in theory and practice.Should airline passengers take the infringement of personal information right as the cause of action? Who does the right belong to? What are the subjects of tort liability? How to identify responsibility? What is the principle of responsibility? How to balance interests?The problem of unclear cause of action stems from the phenomenon of substituting privacy right for personal information right in judicial practice.There is essential difference between the two kinds of rights,and personal information right should be regarded as an independent right.The right of personal information right is confirmed by introducing law and economics,the positive information of air passengers belongs to passengers,and the negative information right is shared.The infringement of personal information of air passengers mainly includes illegal collection,disclosure,illegal sale,no inquiry,change,deletion,SMS harassment,etc.The infringement of personal information of air passengers occurs not only between the public authorities,but also between the nonpublic authorities.The non-public organs include airlines,network service providers,air ticket agents,AVIC credit,airports and direct infringers.The principle of liability fixation of fault liability(including fault presumption)is applied.The principle of liability fixation of fault presumption is based on the proof standard of probability and the transfer of burden of proof.The principle of no fault liability is applied to public organs and their staff.In view of conflicts with other interests,the liability for infringement of personal information of air passengers is exempted based on aviation security,"passenger blacklist",public health,academic research,etc.