Research On Legal Protection Of Infringing Personal Information

Today is an information society.The personal information of citizens has both personality rights and property rights.It has become an important social resource.Although the research and Exploration on the legal protection of personal information in China can be traced back to many years ago,it was not until the general principles of civil law was published and implemented in 2017,and Article 111 specifically stipulated the rules for the protection of personal information that the code of conduct for the protection of personal information was first proposed from the perspective of civil basic law.At present,there are many cases of infringement of personal information,and because of the continuous improvement of information technology means,the cases of infringement of personal information show the characteristics of technical concealment,low cost of infringement,diversification of infringement subjects and serious damage consequences.In the judicial practice,the court mainly adopts the relief way of privacy in similar cases,but the author thinks that the scope of personal information is far beyond the scope of privacy,and the traditional relief way of privacy can not meet the relief of personal information infringement,so the focus of this paper is to explore a more suitable relief way from the perspective of tort law.This paper is divided into three parts.The first chapter is mainly about the research of personal information infringement cases.To find three cases from the judicial cases,summarize the cases briefly,sort out the judicial rules of the court,find out the common problems of the judges in the judicial practice,analyze these problems,and conclude threecontroversial focuses: first,whether the information involved in the case belongs to personal information or personal privacy;second,the burden of proof in the case of personal information infringement;third,personal information Liability of interest infringement cases.The second chapter is the legal analysis of each dispute focus combined with the case.First of all,the author makes a brief overview of personal information,and analyzes the relationship between privacy and personal information,and then puts forward his own point of view that there is a relationship between personal information and privacy,including and being included.This paper summarizes the five characteristics of personal information infringement cases.Secondly,from the perspective of tort law,this paper analyzes the principle of liability fixation in the judicial judgment of personal information infringement cases,and discusses the constituent elements of the infringement act and the division of the burden of proof between the plaintiff and the defendant.Finally,this paper analyzes the liability of personal information tort,and finds out the tort liability that the infringer should bear.The third chapter summarizes the results of the research,and puts forward the corresponding research enlightenment.After studying the judicial cases,the author finds that there are some problems in the protection of personal information in China.First of all,in the aspect of legislation,the provisions of personal information protection are scattered in various legal departments and lack of systematicness;moreover,the current law does not make clear the right attribute of personal information.Secondly,in judicial practice,there is no uniform principle of liability fixation when the court judges relevant cases,the distribution of the burden of proof is not reasonable,and the standard of damages is not clear.Therefore,the author puts forward several suggestions: first,to increase the tort liability of personal information in the tort liability part of the civil code;second,to divide personal information into general personal information and sensitive personal information for classified protection;third,to divide the subject of personal information infringement into state organs,non-state organs and individuals,to determine different principles of liability;Fourth,Through the law to determine the personal information infringement casedamages standard.