Analysis Of Huang’s Lawsuit Against Tencent For Personal Information Infringement

In the era of big data,the determination of the cause of infringement of personal information,the identification of infringement and illegality,etc.have certain difficulties in judicial practice,specifically including the differences in the cause of the case between personal information infringement disputes and privacy disputes,and personal information collection And the determination of the scope of processing and whether the collection or processing of information obtains the effective consent of the user.This article uses the case of Huang v.Tencent’s personal information infringement dispute,and summarizes the three controversies of the case: how to determine personal privacy and personal information,how to determine the scope of information sharing and use,and whether to obtain valid consent.Personal privacy and personal information are both related and different.Both belong to the object of personal personality protection.Personal privacy and personal information are overlapped.Personal information and personal privacy have different civil rights attributes.Natural persons do not enjoy personal information.A specific personality right is a kind of civil interest,and their protection purposes are also different.The value of modern personal information lies in circulation and sharing.The prerequisite for regulating personal information sharing is to clarify the type of personal information sharing.The behavior of personal information sharing includes information transmission to third parties,internal affiliates,product information use,and information sharing platforms.Information flow.When sharing personal information,information controllers shall consider the principle of legality and legitimacy,the principle of necessity,the principle of minimization,and the principle of reasonable expectations.The amount and type of shared information used by the shared person shall be used within the scope of collection and sharing by the shared person,and the purpose and method of the shared personal information used by the shared person shall consider the principle of legitimate interests and reasonable expectations.The "informed-consent" principle is applicable in reality.Although there are problems such as binding consent matters,disagreement cannot be applied,and the content of the privacy agreement is not standardized,the "informed-consent" principle conflicts with the economic value of personal information circulation,but it completely denies the "informedness" principle.The principle of "consent" is not desirable.Different types of personal information should be differentiated based on the "select-in" and "select-out" mechanisms,as well as the types of personal information for which consent is not required.