| All kinds of personal information are protected by tort law, and tort law protection of non-sensitive personal information does not hinder the flow of information. Tort law provides two protection paths for personal information. One is the network information infringement clause of Article 36 of the Tort Liability Law and its judicial interpretations, and the other is the fault infringement clause of Article 6 of the Tort Liability Law in conjunction with Article 111 of the General Principles of Civil Law. The constituent elements of personal information infringement should be appropriately moderated by recognizing a number of new types of damages, constructing a system of ternary imputation principles, and establishing a causal relationship presumption in the case of plural controllers. In the area of personal information infringement relief, importance should be attached to the use of preventive liability methods, such as correction, stop processing, deletion, and digital encryption. With regard to monetary compensation, joint liability provisions should be added to the Law in the case of (negligent) contributory infringement, uncertain causality, etc., and the security obligation and its supplementary liability caused by the violation should be expanded to apply to the manager in virtual place (data storage). In the context of the pan-real name authentication system, China should choose an information protection model that is closer to the European, rather than the American model. |
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