Research On Civil Remedies For Personal Information Infringement

Since entering the era of big data,the exchange rate and spread of personal information have far surpassed the previous generation.When the information processor collects and processes the personal information of natural persons,it is inevitable that the phenomenon of infringing the personal information of natural persons will occur.It is difficult to achieve sufficient relief for personal information infringement through the basic personal information clauses in the Personality Rights Section of the Civil Code of the People’s Republic of China(hereinafter referred to as the Civil Code),the fault liability clauses in the tort liability section,and the tort liability clauses for network information..Article 69 of the "Personal Information Protection Law of the People’s Republic of China"(hereinafter referred to as the "Personal Information Protection Law")stipulates the principles of liability and compensation standards for damages due to personal information infringement,but it cannot meet the needs of judicial practice.Through the analysis of the current state of legislation,the research on cases related to personal information infringement,and the reference to extraterritorial law,this paper discusses the identification of damage,causality,principles of attribution and damages in personal information infringement cases,and explores better ways of personal information infringement.Relief Path.Specifically,this article is divided into six parts:The first part introduces the basic theory of personal information rights.Firstly,it defines personal information,and then defines the attributes of personal information rights and interests.Finally,it introduces the characteristics of personal information infringement.The second part discusses the legislative status of personal information rights and interests.Firstly,it introduces the legislative development of the protection of personal information rights and interests,secondly,it introduces the civil remedy methods for personal information protection,and finally expounds the civil remedy system for personal information infringement.The third part analyzes the judicial status quo of civil remedies for personal information infringement.Taking 67 civil cases of personal information infringement as samples,this paper empirically analyzes the specific situation of personal information protection in judicial practice.The study found that in the trial of personal information infringement cases,there are problems such as damage,difficulty in determining causal relationship,single principle of attribution,and small compensation for damages.The fourth part is the reference to extraterritorial law,through the analysis of the European Draft Common Reference Framework,the Illinois Bioinformatics Privacy Act,the EU General Data Protection Regulation and other civil remedies for personal information infringement,and draws on its experience in civil remedies.Identification of damage,identification of causal relationship,application of the principle of attribution,and relevant systems and practices for assuming responsibility.The fifth part puts forward suggestions on the improvement of the civil remedy system for personal information infringement.Faced with the difficult situation of infringement damage determination,it is necessary to apply the dynamic system theory of damage determination,consider damage evaluation elements from multiple perspectives,and accurately and reasonably determine the damage consequences in infringement cases;The standard of proof is reasonably configured on the basis of considerable causality;in the principle of imputation,a dual imputation principle system can be adopted.In terms of damage compensation,the compensation for personal information infringement damage can be increased by appropriately lowering the standard of "serious mental damage",setting the statutory amount of compensation,and establishing a punitive compensation system.