Research On Tort Liability Of Personal Information Handler

With the advent of the 5G era,information and data closely related to personal life,study,and work has ushered in a big explosion.Personal information is continuously being illegally collected,processed,and used in our own daily lives.Personal information rights Subject to serious violations,the personal information processor should bear the tort liability under the regulation of the law.The Personal Rights Edition of the “Civil Code of the People’s Republic of China”,which came into effect on January 1,2021,adds a total of 6 clauses for the protection of personal information.However,there is no specific description of the qualifications of the personal information processor.It is a pity that it only stipulates The personal information processor should abide by the civil law obligation to protect personal information,but it does not clearly stipulate what kind of civil liability the personal information processor should bear if it fails to perform or violates the civil law obligation,Lack of operability.Although “the Personal Information Protection Law”provides a clear definition for personal information processors,it also clearly stipulates that personal information processors should bear administrative responsibility for illegally processing personal information,However,there are a lot of gaps in the provisions on the constitutive elements,liability methods and grounds for exemption of liability,which cannot be effectively connected with the Tort Liability part of the Civil Code of the People’s Republic of China.In this paper,on the premise of dealing with the conflict of different legal application of the tort liability of the personal information processor,the author focuses on the constitutive elements,the liability mode and the cause of exemption of the tort liability of the personal information processor.This article is mainly divided into the following parts:The first part is the introduction,specifying the main objects of this article.Explain the research background,current situation,opinions and research methods.The second part is basic issues concerning the liability of personal information processors for infringement,it is mainly to define the relevant concepts of personal information processors and sort out the theoretical basis on which personal information processors should bear tort liability.The third part elaborates the current situation of my country’s regulations on tort liability for personal information processors and analyzes the existing problems.By introducing the different provisions of different laws on the tort liability of personal information processors,this paper points out the conflicts of these provisions and the problems of law application.The fourth part introduces the legal system of tort liability for personal information processing outside China and its enlightenment to China.This paper mainly introduces the legislative situation of two international organizations,the EU and OECD,and two countries,the United States and the German,The two countries from which can be used for reference.The fifth part,suggestions on improving the tort liability of personal information processors in China,on the premise of solving the conflicts of different legal application of the tort liability of personal information processors,the tort liability of personal information processors is subdivided and improved mainly from three aspects of the constitutive elements of the tort liability,the liability mode and the cause of exemption.