| The advent of the era of big data makes personal information infringement more frequent.Although the Personal Information Protection Law plays an important role in the protection of personal information,there is still room for further discussion in the solution of some specific problems.These problems are how to determine the standard of damage certainty in the infringement of personal information;how to determine whether the perpetrator and the personal information processor are liable for the downstream damage in the case of multiple information controller;and whether the applicable presumption of fault liability is sufficient to realize the relief to the victim.In order to realize the effective protection of personal information right holders,the identification standard of damage certainty should be relaxed to solve the problem of difficult identification of damage to personal information infringement.In the case of plural information controller,the proof standard for the identification of the infringing subject should be reduced,the reasonable factors in the common dangerous behavior system and the throwing objects from high altitude system should be selected to determine the perpetrator,and the protection of the personal information right holder who suffers downstream damage should be realized by improving the security obligation of the personal information processor.In the application of the principle of attribution,the liability system of personal information infringement should be established and the burden of proof should be reasonably allocated. |
