| With the advent of the data age,personal data has gradually become an important means of production.Information processors collect and use personal data,making it widely circulated in the market and becoming a mainstream business model.In this process,personal data protection has become an unavoidable topic at this stage.With the rapid development of technology,the increase in data processing capabilities and the increasingly important role of information processors are becoming more and more important,and information processors bear major legal responsibilities in information processing activities in the face of personal data resources with great value.However,there are still certain deficiencies in China’s legislation on the legal responsibility of information processors,information processors infringing on citizens’ legitimate rights and interests in personal data still occur from time to time,and many problems still need to be solved in practice.This article selects three classic cases,starts from the perspective of legal responsibility of information processors,analyzes the current legal situation and remaining deficiencies in China,and tries to put forward suggestions suitable for personal information protection in China,which are mainly divided into the following four parts.The first part is the introduction of cases and the focus of disputes,and selects three classic cases in the field of personal data protection as the starting point,summarizes the focus of disputes,and clarifies the focus issues in judicial practice.The second part is the legal analysis of the focus of the dispute,focusing on the focus of the dispute in three cases,and discovering the core issues of the focus of the dispute,namely,the legal liability of information processors from the perspective of data protection,the principle of informed consent and authorization,and the allocation of the burden of proof of personal data infringement in China.The third part is the existing problems of the legal liability of information processors,mainly including the imperfect legal liability system of information processors,the traditional informed consent model is not conducive to the determination of legal liability of information processors,and the protection of data subjects’ rights is difficult to achieve,and the relevant issues are analyzed and discussed.The fourth part is suggestions for improving the legal liability of information processors,that is,feasible suggestions are put forward on the shortcomings in this field at this stage,including adopting a combination of internal and external supervision models,strengthening the responsibility of information processors in the informed consent model,and reducing the burden of proof of information subjects for their damages. |
