Research On The Application Of Laws On Infringement Of Sensitive Personal Information

Before the Personal Information Protection Law of the People’s Republic of China established a special chapter on the protection of sensitive personal information,sensitive personal information was often protected in the form of privacy and private information in the legal system,but sensitive personal information and privacy and private information were mixed and different.Sensitive personal information is not highly sensitive,because it is very easy to cause infringement of the rights and interests of information subjects and needs to be given special protection different from ordinary personal information.The law does not prohibit the processing of sensitive personal information by information practitioners,but it does not encourage the use of sensitive personal information.In the process of social life interactions,infringement problems will inevitably arise because the use of sensitive personal information by various entities cannot be avoided.However,unlike traditional infringements,infringements of sensitive personal information mostly have the characteristics of the complexity of the infringing subject,the continuity of the infringing acts,the concealment of the infringing methods,and the severity of the infringing consequences,and there are still many deficiencies in the application of law with a view to adapting.Although the PIPL has clarified the concept and manifestation of sensitive personal information in a general and enumerated manner,because the rights and interests of sensitive personal information have both dual rights attributes-personal rights and property rights,the judgment criteria are dynamic,for example,general personal information will also have sensitive attributes in specific scenarios,so it is necessary to make a comprehensive judgment of scenario theory on the basis of legal norms.The determination of new types of damage facts in the infringement of sensitive personal information may be determined separately on the basis of the two circumstances in which property losses and personal information rights and interests have been infringed but no property losses have been made,or it is difficult to prove property losses.Conflicts of interest in the determination of infringement liability for sensitive personal information can be measured in conjunction with the principle of specific purpose to be observed in handling sensitive personal information.In addition,the principle of attribution of tort liability should distinguish between sensitive private information and sensitive non-private information,apply the presumption of fault and the principle of no fault respectively,and apply the reversal of the burden of proof of causation according to the circumstances.Since compensation for infringement of sensitive personal information has not yet been standardized and unified,judicial interpretations should be issued to unify the adjudication standards and mitigate the severity standards for moral damage suffered by sensitive personal information,with a view to protecting sensitive personal information with more reasonable remedies.