Study On The System Of Moral Damage Comepensation For Personal Information Infringement

The issue of personal information protection has been on the agenda since the era of big data.The rights and interests of personal information have obvious personality attributes and are closely related to the personal dignity and freedom of the subject of personal information,therefore,when the rights and interests of personal information are infringed,the infringer should receive compensation for moral damages with certain theoretical roots and practical needs.Infringement of the rights and interests of personal information caused by moral damage is mostly manifested by unknown risks caused by a variety of bad feelings,the damage itself has unknown,uncertainty,difficult to estimate and other characteristics.By analyzing the current state of legislation,sorting out cases related to infringement of personal information,and drawing on the experience in comparative law,this paper distributes a discussion of the criteria for determining moral damage caused by infringement of personal information,the principles of imputation and the way to calculate the amount of compensation,in order to fully respond to the question of whether and how moral damage compensation should be obtained for infringement of personal information.This paper includes the following four chapters:Chapter 1 is an analysis of the current situation of moral damage compensation for personal information infringement.This chapter evaluates the current legislative and judicial situations of moral damage compensation for personal information infringement,and extracts from them that moral damage compensation in the field of personal information protection is faced with such problems as harsh recognition criteria,unclear principles of attribution,and difficulty in calculating the amount of damages.Chapter 2 is a review of the problems in the construction of the moral damage system in China’s personal information infringement based on the previous article.Through the support provided by the risk society theory,we try to treat the risky damage of personal information as the traditional tort law damage concept,and the bad emotion can be regarded as the visualization of the risky damage;then we argue for the application of moral damage liability to the bad emotion triggered by risk,so as to smooth out its logical progression.Chapter 3 is an overseas review of moral damages for personal information infringement.This chapter briefly introduces the status of personal protection legislation in EU countries,the United States and Chinese Taiwan,and analyzes the legislation and institutional structure of each country and region in terms of moral or non-material damages,to provide a certain degree of reference and inspiration for China’s research in this area.Chapter 4 is about the improvement of the compensation for moral damages for personal information infringement.Based on the current legislative and judicial situation of moral damage compensation for personal information infringement in China,this chapter critically absorbs the relevant experiences from abroad,suggests to moderate the traditional criteria for determining moral damage,clarifies the corresponding attribution principles and the allocation of the burden of proof,and improves and reinterprets the existing rules for calculating the amount of compensation,so as to ensure that the moral damage compensation claims of personal information subjects can be fully realized.