On the tort liability of personal information

Abstract

In recent years, the development of big data and other technologies has brought many convenient services to people's lives. However, the advent of the era of big data has prompted the continuous change and expansion of the scope of the concept of personal information. The concept of personal information is no longer a "pre" precise definition, but a dynamic judgment process. China's legislation and practice integrate these ideas and reshape the definition of the concept of personal information. The theoretical basis of the legislative model of personal information is the theory of identification, combined with the way of summary and illustration. At the same time, the rapid development of science and technology has also subverted the social scene established by the traditional tort law. The infringement cases of personal information are becoming more and more frequent, but the single application of the principle of fault imputation and the principle of no fault liability can not complete the mission of personal information relief.The author believes that we should establish a system of imputation principle of damage compensation liability with the coexistence of fault liability and fault presumption on the basis of learning from and absorbing foreign laws and according to our national conditions. In terms of the liability effect of personal information infringement, we should recognize the diversified liability methods, improve the compensatory liability methods, and the punitive compensation system should be more future oriented, so as to make the personal information infringement relief system in line with the development trend of the times.