Research On The Network Tort Liability Of Personal Information

Civil tort liability with the cases of infringement of personal information network provides two protection path,namely according to article one thousand one hundred and sixty-five of the fault liability clause with the general make up the general protection of article one hundred and eleven of the path,and according to article one thousand one hundred and ninety-four to article one thousand one hundred and ninety-seven of the special protection path about the terms of infringement of Internet information.But in practice,there are problems in the two paths,and differences are easy to appear in the judicial trial process.Therefore,this paper studies the infringement of personal information network.First of all,based on the concept and characteristics of personal information network tort,this paper searched the personal information network tort cases in the five years from 2016 to2020 on the judgment document website,and made an overall analysis of them.At the same time,two typical cases were selected for comparative analysis,from which two problems presented by the cases were summarized: One is the problem of the different application of laws in personal information tort cases,the other is the confusion of the identification of personal information network tort liability.Personal information to know the problem of inaccurate,rectifying the reason for this is that as there is no unified understanding of the personal information,so the personal information about the basic theory of analysis,clear the connotation and extension of personal information,sums up the core of the concept of "identification",and make detailed elaboration and analysis,and then distinguish between similar concepts of personal information privacy and personal data,Strengthen the understanding of personal information,discuss the attributes of personal information,and draw the conclusion that personal information has both individual attributes and public attributes,and the protection of personal information should balance the two.Then,based on the traditional theory of tort liability identification,this paper analyzes the characteristics and applicable legal provisions of personal information network tort cases from four aspects,including the subject of tort liability,four elements of liability identification,principle of liability attribution and grounds of exemption,and summarizes the existing defects.Finally,the suggestions for perfecting the personal information network tort system in China are put forward,including classifying and classifying the protection of personal information,establishing a multiple liability system,improving the standards for determining tort liability,and flexibly applying the system of punitive damages.It is expected to provide some ideas for the follow-up research on personal information network infringement and play a certain reference role in the practical application.