Personal Information Infringement Relief Dilemma And Resolution

In 2017,China's General Principles of Civil Law clarified the protection of personal information in the form of the Basic Civil Law,which provided the basis for the right to request for cases of infringement of personal information.The Civil Code,which came into effect in 2021,provides more adequate civil law protection for personal information from the General Provisions,the Personality Right and the Tort Liability.In addition,legal documents confirm that "disputes over the protection of personal information" are independent causes of action,and personal information is provided with independent relief basis from entity to procedure.But in judicial practice,there are still many problems to be solved in personal information tort relief.Personal information is recorded in electronic or other ways to identify a specific natural person's various information alone or with other personal information set,its components have three: first,the information of the natural person;Second,the information is identifiable;Third,the information should have a certain carrier.Then it points out that personal information infringement is confused with cases of infringement of privacy and reputation right,and the identification of the elements of infringement is confused,and analyzes that the reason is that the theory of personal information legal attribute is divergent and the trial thinking is restricted by the traditional thinking mode.Finally,it puts forward specific solutions.In the trial of cases involving violation of personal information protection and mutual protection should be taken to distinguish,to distinguish between general personal information and private personal information protection,for violations of the right of personal information at the same time,and other specific personality right case any mutual protection,and unified constitutive requirements of infringement applicable standards,namely under the principle of the fault imputation principle,It is clear that the damage of infractions on personal information includes property damage and mental damage,and property damage should include reasonable lawyer's fees,and the determination of causality should make full use of the standard of high probability.It is hoped that this paper can provide reference for the protection of personal information in judicial practice.