On Damage Compensation For Infringement Of Personal Credit Information

When personal credit information is infringed,the information subject often encounters obstacles in claiming the corresponding damage compensation.The main manifestation is that the determination of mental damage compensation is random.It is difficult to determine whether the property damage compensation is direct property loss or indirect property loss.The reason lies in the imperfection of the personal credit information damage compensation system.With the continuous deepening of the coexistence of public and private credit reporting systems in the personal credit reporting industry,the research on the personal credit information damage compensation system becomes more and more urgent.The “Civil Code”'s arrangements for “credit” and personal information also provide a legal basis for straightening out the path of damage compensation.Relevant research is based on the nature of personal credit information,taking into account the past judicial practice and the latest legislative developments,and conducting research on my country's personal credit information damage compensation system based on the arrangement of foreign laws.In terms of nature,personal credit information cannot be included in a single“credit right” or personal information right to be protected as a right,but a comprehensive legal interest with both personality and property interests.The personality and interest attributes of personal credit information are stable,but the property interest attributes will also appear under certain circumstances.With the continuous advancement of the construction of a credit society,the consequences of damage to economic interests will become more normal,which is worthy of attention and protection.In terms of the basis of the right to claim damages,while drawing on foreign experience,it should also take the judicial practice of the country as an important reference.Existing judicial practice often uses general personality rights,reputation rights,name rights,and personal information legal benefits as the basis of the claim,but it is difficult for the information subject to obtain comprehensive compensation for spiritual damage and property damage in terms of application.After the implementation of the “Civil Code”,the general personality right is no longer appropriate as the basis of the claim;and the right of name as the basis of the claim is a creation of “consequential thinking”made when legislation is imperfect,and should be gradually discarded;reputation rights focus on mental damage For compensation,the legal benefits of personal information focus on compensation for property damage.The two have a complementary relationship as the basis of the claim.The choice of the two can meet the needs of individuals for compensation for mental damage and property damage.However,the future direction of the system should clearly stipulate through judicial interpretations that when personal credit information is infringed and the right of personality is damaged,the victim can claim the corresponding property damage compensation,or the corresponding mental damage compensation.The scope of compensation for damages includes compensation for property damage and compensation for mental damage.Property damage compensation includes direct property loss and indirect property loss.In reality,direct property loss is difficult to be recognized due to the lack of clear provisions in the law.Indirect economic damage is difficult to determine because the amount is difficult to determine,and it is generally difficult to receive support;mental damage compensation is usually due to personal credit Insufficient information publicity,it is difficult to reach a serious standard and is not recognized.Drawing on the experience of comparative law,my country should clearly stipulate the determination standards and compensation items of damage compensation through judicial interpretations:property damage compensation should generally include attorney fees,appraisal fees and other direct property losses and indirect property losses due to loss of opportunity and benefits.The amount of indirect property losses is difficult When determining,it needs to be determined within the statutory amount of compensation;compensation for mental damage should be based on the particularity of personal credit information infringement,clarifying the “serious” standard,rather than mechanically adopting the degree of reduction in social publicity evaluation to determine the amount of compensation.Corresponding objective factors should be anchored for discretion.