| In recent years,big data technology has become more mature and widely used in all walks of life.Due to negligence of management and protection,the leakage of personal information accompanying it has also become more and more serious.Unprecedented attention and attention.University student Xu Yuyu’s death due to fraudulent information was deplorable,and the leakage of personal information caused widespread concern and discussion in society and academia.Taking the "General Principles of Civil Law" in 2017 as a watershed,the academic community has conducted research on the legal protection of personal information from different perspectives,with rich results.This article takes Pang Lipeng v."Where’s Network" and "Eastern Airlines"information leakage case as the first batch of top ten typical cases involving the Internet of the Supreme People’s Court as an example.Obviously,common information leaks have once again become controversial.Since the retrial of this case was rejected,this article takes the judgment documents of the first and second instance as the object of analysis.First,make a brief overview of the basic facts of the case,compare the two distinct judgment results before and after,and start with the three disputes in this case as the clue vein:1.What is the qualitative of personal information and whether the information involved is personal information For personal information infringement,what are its liability principles and what kind of liability distribution rules should be applied;3.What are the ways of liability and existing problems.Secondly,the advancement of theory can unearth more possibilities,allowing us to make fewer mistakes in the course of practice and more planned implementation.This is still the case with regard to the legal issues concerning the case.On the basis of theoretical analysis,combined with case analysis,research,and then targeted recommendations,how to personal leakage of information and current tort liability law better fit,and explore a legal protection system suitable for China. |
