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Research On The Tort Liability Of Personal Information In Civil Code

Posted on:2022-09-09Degree:MasterType:Thesis
Country:ChinaCandidate:Y LiFull Text:PDF
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In normal social order,the relationship between citizens' control of their personal information and the state's use of personal information is not tense.But in the face of the outbreak of the COVID-19,our country in response to the crisis,in the traditional sense,some improper behaviors of using personal information have "legitimacy".But the voice about personal information protection seems to be drowned out in the meantime.It is true that the prevention and regulation of need to invade the field of citizens' personal information,but it must be carried out on the legal and reasonable basis,because of the relationship between citizens' life and health and personality rights is not a choice.These behaviors of course will violate the rights of personal information.fortunately,The Civil Code of the People's Republic of China came out during these day.This paper attempts to start to discuss on some problems of China's personal information infringement and tort liability system under the COVID-19.And by studying of these problems in our society,we truly hope that these paper by analyzing these problems seriously,it will be helpful to balance personal information rights and public interests.The dissertation has five parts except the prelude and postscript.Part one,by analyzing of personal information infringement cases in the process of epidemic prevention,we summarizes the behavior and characteristics of infringement of personal information rights and interests when we prevent epidemic.Part two,By sorting out the current protection legislation of personal information,this paper concludes the existing problems of personal information tort liability in the anti-epidemic,including the difficulty in identifying the tort subject,the unreasonable principle of imputability,the lack of damage compensation mechanism,and the imperfect reasons for exemption from liability.Part three,the principles of personal information tort protection during the COVID-19 of prevention and control were put forward.The fourth part,through the the European Union and the United States' public health emergency personal information protection of advanced legislation,Personal's information tort liability system of our country should be established.The fifth part,it suggests the supporting tort liability system for the protection of personal information during the epidemic period.In a word,how to better protect personal information in the process of anti-epidemic is the focus of social attention.First of all,accelerate the introduction of the Personal Information Protection Law,in the form of legislation to divide the process of anti-epidemic dual liability subjects,that is,to distinguish the two different authorities as the tort liability subjects;Secondly,the principle of personal information tort imputation is constructed.Suggesting the judgment of tort liability in epidemic prevention and control can't be based entirely on "fault" : the subject of public authority,as the infringer,usually adopts the principle of no-fault imputability;Non-public authority applies the principle of presumption of fault.Because the full application of the principle of fault imputation means that in the process of fighting against the epidemic,the plaintiff should not only provide the court with the three elements of "tort,damage result and causality",but also be responsible for proving that the other party has "fault".This principle of imputation is actually hard for the plaintiff to force.Finally,it is necessary to pay attention to the civil remedy system of personal information infringement,especially to construct a specific and feasible compensation system.It is emphasized that the protection of personal information rights in the prevention and control of major epidemics plays a positive role in preventing arbitrary administration and carrying out the current epidemic prevention and control work smoothly.
Keywords/Search Tags:Prevention and control of the COVID-19, Protection of personal information, Tort liability, Doctrine of liability fixation in infringement
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