The case of The People's Procuratorate of Baoding City, Hebei Province v. Li Mou for Infringement of Citizens' Personal Information has sparked discussions in the academic community on whether punitive compensation can be applied in the field of personal information. Based on the analysis of their purpose, nature and function, the plaintiff should be allowed to request punitive damages in public interest litigation. The application path of punitive damages can be clearly defined from three aspects: role positioning, application relationship and application restriction. On this basis, the subjective intent of the infringer, the illegality of the information processing behavior, the serious consequences caused, and the causal relationship between the results and the behavior are taken as the constitutive elements, and on the basis of setting the minimum amount of punitive damages, the "specific base" and "multiplier ratio" are taken as the basic model for calculating punitive damages. Because punitive damages belong to special civil liability, it is reasonable to think that punitive damages belong to and apply to non-specific victims in society. At the same time, if private interest litigation is followed by public interest litigation, there is no legitimate reason to claim punitive damages.
关键词
公益诉讼/惩罚性赔偿/个人信息/私人执法
Key words
public interest litigation/punitive damages/personal information/private law enforcement
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