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Research On The Determination Of Tort Liability For Personal Information

Posted on:2022-11-06Degree:MasterType:Thesis
Country:ChinaCandidate:Y H PengFull Text:PDF
GTID:2506306752486164Subject:Civil Commercial Law
Abstract/Summary:PDF Full Text Request
Personal information is closely linked to the personal characteristics of a natural person and can be described as a symbolic expression of that person's personal characteristic.The rapid development of technologies such as the internet,big data and algorithm has not only led to a finer division of labor in society,but also to changes in the form,scope and use of personal information,it requires more complete legal protection for personal information.The legal protection of personal information requires the combined efforts of various legal systems in both public and private law to form a multi-channel,all-round system of protection approach.A high level civil legal system is the basis for the civil protection of personal information,which we have been actively exploring.Since 2012,when the Standing Committee of the National People's Congress issued a decision calling for the protection of personal information,the legal exploration of personal information protection in China has never stopped.The entry into force of the Civil Code of the People's Republic of China and the Information Protection Law of the People's Republic of China marked that the laws relating to the protection of personal information in the civil field of personal information in China have been improved.The Supreme People's Court has also provided an updated response to the protection of personal information through amendments to the civil cause of action.In the civil law protection of personal information,the determination of liability for infringement of personal information plays an important role.However,the efficient operation of society requires that information processors make full use of personal information and that information subjects are adequately protected.The contradiction between two of them has led to a shortfall in the determination of liability for personal information in practice.First,the subject of the information lacks an independent basis for the right to make a request.This means that there is no clear basis for a claim by the subject of the personal information to be infringed,thus making it impossible to accurately determine liability for infringement of personal information.Second,the existing standards for determining liability for personal information infringement are not uniform.This inconsistency is mainly reflected in the lack of clear standards for fault,injurious behavior,damage and causality.Third,the relief procedures for collective damages caused by personal information infringement are not complete.Due to the circulation characteristics of personal information,large enterprises can become collectors and processors of personal information by virtue of their own technological advantages.Compared with these large enterprises,a single natural person needs to pay more costs for rights protection due to technical limitations.The imperfection of collective damage relief procedures also makes it difficult to determine personal information tort liability in specific cases.Combined with the current specific practice in our country and under the background of the Civil Code and the Personal Information Protection Law,the determination of personal information infringement liability can be improved from the following aspects.First,through the establishment of personal information rights,the right attributes of personal information can be clear.This provides a clear basis for the determination of liability for infringement of personal data.Second,in the field of personal information infringement liability determination the principle of presumptive fault liability needs to be further promoted.Specifically speaking,the court applies a reversal of the burden of proof to the element of fault,reduces the burden of proof for the element of aggravated conduct,distinguishes between general and special elements of damage and of causation.Finally,improve the civil public interest litigation system in the field of personal information infringement liability determination.This will protect the legitimate rights of information subjects whose personal information has been infringed.
Keywords/Search Tags:Personal Information, Liability for Tort, Presumption of Fault, Public Interest Litigation
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