The Predicament And Outlet Of Judicial Relief For Personal Information Infringement

Today,with the rapid development of Internet informatization,the commercial value of personal information surges,and the relationship between commercial use and protection of personal information becomes increasingly tense,resulting in large-scale violating the rights and interests of personal information.In August 2021,the Personal Information Protection Law came into effect,providing institutional protection for citizens’ private information rights and interests.However,in the judicial relief of personal information rights and interests,there are still problems of high legislative efficiency and low rights protection,and there are double dilemmas of feasibility and desirability.This paper focuses on the dilemma and outlet of judicial relief for personal information infringerrient.The main point of view is to solve the dilemma of judicial relief for personal information infringement.On the basis of perfecting the judicial relief system,public interest litigation should give full play to the role of judicial relief for personal information rights and interests.The basic structure of this paper consists of four parts:The first part analyzes the nature and connotation of the civil law of personal information,Outlines the relevant systems of personal information infringement in China,and clarifies the space for learning from the experience of comparative law,that is,in both private interest litigation and public interest litigation,there are places that need to refine and perfect the corresponding institutional arrangements,and on this basis analyzes the institutional experience of the European Union in judicial relief of personal information rights and interests.The second part,through analyzing the current situation of personal information tort judicial remedy,analyzes the existing feasibility dilemma and desirability dilemma.The feasibility dilemma includes the difficulty in finding and proving the tort,the difficulty in defining the new damage as the damage in tort law and the difficulty in proving causality.The desirability dilemma is directly manifested as the weak litigation motivation of the parties,which weakens the role of tort law in protecting private information rights and interests.The third part,on the basis of analyzing the experience of comparative law and judicial practice,based on the realistic background of risk society,adjusts the functions of tort law,and emphasizes the prevention and deterrent functions of tort law more prominently.A relatively reasonable and effective judicial relief system for personal information infringement has been constructed in personal information infringement private interest litigation by means of judges’ individual case consideration and reasonable distribution of burden of proof,and relevant systems such as the proof of harmful behavior,the definition of new damages,the identification of mental damage,the proof of causality and the way of relief have been improved.The fourth part,considering the low efficiency and lack of motivation for private interest litigation of personal information infringement,this paper refines the provisions of Article 70 of the Personal Information Protection L aw,improves the applicable conditions and eligible plaintiff system of public interest litigation,clarifies the prosecution conditions and public interest litigation processes,and proposes countermeasures to expand the sources of clues of public interest litigation.And on the basis of statistical analysis,improve the way of bearing tort liability,so as to give full play to the advantages of public interest litigation in the judicial relief among citizens’ rights and interests in personal information.