중국 개인정보 인터넷상 불법행위제도에 관한 검토

Abstract

With the development of Internet technology, personal information network infringements emerge in endlessly. In the network environment, personal information network infringement presents the characteristics of low infringement cost, strong concealment, difficulty in proving evidence, and difficulty in determining the subject of infringement. The Tort Liability Section of China's "Civil Code" clearly stipulates the liability for network torts, and adopts the "identifiable theory" standard for the determination of personal information, but does not separately set personal information network infringement as a special infringement. From this perspective, personal information network infringement is still a general infringement, and the general infringement liability determination standard applies, but network service providers are protected by the "safe harbor principle" and can be exempted from liability under certain circumstances. With the continuous development of information technology, the relief system of personal information network infringement is constantly adapting to the needs of the actual situation. Therefore, a more complete personal information network infringement relief system has emerged as the times require. The "Personal Information Protection Law" promulgated in 2021 has increased the protection of online personal information from the aspects of the scope of personal information identification, protection methods, and legal obligations of information processors. The "Personal Information Protection Law" adopts the " "Relevance" standard identifies personal information, adopts the principle of imputation of fault presumption for personal information processors, and stipulates the protection obligations of personal information processors. Observing the status quo of judicial adjudication of personal information network infringement, after the promulgation of the "Civil Code", judicial remedies for personal information network infringement in judicial practice began to have a clear basis and relatively consistent adjudication ideas. At the same time, the law needs to balance the interest relationship between the protection and sharing of personal information. It must not only promote the development of the Internet industry, but also protect the rights of personal information. In the current legal system, there are still some problems in the personal information network infringement relief system, for example, the imputation principle system is not perfect, the damage compensation liability system is not perfect, and the connection and application of the "Personal Information Protection Law" and the "Civil Code" is not clear enough And other issues. Therefore, the legislation also needs to establish a rich and diverse system of liability principles, continuously improve the damage compensation system, clarify the connection and application of the "Personal Information Protection Law" and the "Civil Code", and continuously improve the personal information network infringement relief system.