Study On Platform-Related Personal Information Infringement Evidence Based On Effective Judgement

Personal information is an important personality right and a valuable means of production,so personal information infringement is not uncommon.With the development of network technology and the increase of network application scenarios,the number of platform-related network information infringements has increased significantly.This type of infringement has the characteristics of complex infringement forms,more concealed infringement methods,difficult to prove the infringing subject,and obvious evidence bias.By sorting out such tort cases,the controversies are summarized as follows: first,the allocation of the burden of proof;second,whether there is only indirect evidence to prove causality;and third,how to prove the reasons for exemption.Regarding focus 1,considering that cases involving platform personal information infringement have obvious evidence bias,and the facts are often unclear,it is necessary to reduce the burden of proof on the user’s main body,and transfer the burden of proof of the relevant infringement elements to the platform.After the plaintiff has completed the initial obligation of proof,the platform will then provide evidence to maximize the equality of arms,discover the truth of the case,and maintain substantive justice.Regarding focus 2,if the following conditions are met,only indirect evidence can prove causality: the parties do not have the possibility to present direct evidence,the authenticity of the indirect evidence itself is strongly correlated,the indirect evidence presented by the parties can form a chain of proof,and the judge has no doubts about the causal relationship.The relationship was determined using a reasonable standard of proof.Regarding focus 3,"fulfilling the duty of security protection" and "infringement by a third party" can be exempted from liability,while "the other party is also at fault" and "fulfilling the necessary obligation to remind" can only be grounds for mitigating liability.The "safe harbor" principle can be a reason for liability exemption,and the direct infringement cannot apply the "safe harbor" principle for liability exemption.However,in specific judgments,whether various reasons can be exempted from liability is not only related to the strength of the party’s proof,but also to the judge’s free testimony and judgment standards,and should be analyzed on a case-by-case basis.