Research On Civil Liability Of Internet Service Providers For Infringing Personal Information

In the era of big data,data has become a factor of production alongside capital and land.As a source of data,personal information is self-evident in its value and importance to production and life.At the same time,the network has become the basis of people’s production and life,the virtual space has become a new scene of rights infringement,and the network service provider has become the main subject of personal information infringement.However,in practice,it is difficult for the information subject to remedy his damage through tort law.The study of the civil liability of Internet service providers for infringement of personal information is conducive to the implementation of tort law for the protection of information subjects.In practice,the civil liability of the network service provider violate personal information system has the following problems: tort scope of fuzzy,damage consequence is difficult to maintain,difficult to prove causal relationship and is difficult to determine when people tort liability form.Through the use of value analysis method to analyze the phenomenon of Internet service providers’ infringement of personal information,it is found that the tort liability of Internet service providers is caused by the conflict between the two values of personal information,and the traditional paradigm fails to alleviate the conflict well.Personal information contains two conflicting values of personal dignity and freedom of information.In the process of information utilization,the unequal relationship between the network service provider and the information subject aggravates the conflict.At the same time,the traditional paradigm of tort law has not adapted well to the characteristics of Internet service providers infringing on personal information to alleviate such conflicts.The specific manifestations include the failure of the "identification standard" for defining personal information,the "certainty" of the traditional damage identification standard hindering the relief of risk damage,the standard of the causation of personal information tort and its overcoming is too high and the typical situation of the majority’s tort liability is unclear.In view of the above problems,the civil liability of Internet service providers for infringement of personal information can be improved from the following aspects.The identification standard of personal information can be appropriately relaxed and "identification risk" can be included in the identification standard of personal information,so that the value judgment function of civil liability establishment and assumption can be entrusted to other elements.The "certainty" of damage can be interpreted to include risk into the scope of damage and clarify the type of risk damage.The responsibility of proving the conditionality of the causation of personal information tort and its overcoming and the the comparability of the causation of personal information tort and its overcoming should be distinguished,which should be borne by the information subject and the network service provider respectively,and different proof standards should be adopted.The reasonable probability standard can be used to recognize the conditional relation,and the standard of high probability can be used to determine the equivalence.In terms of responsibility,the typical cases of joint liability,partial liability and supplementary liability of network service providers are classified.