Exploration of Risk-based Damage in Personal Information Infringement
Personal information infringement cases are not uncommon,and the determination of damages has become the biggest obstacle to the relief of the infringed party.Compared to traditional infringement,the risk of personal information infringement is the main damage faced by the victim.Due to the characteristics of unknown and unpredictable risk-based damages,there is still a negative attitude towards them in judicial practice.However,if traditional damage determination theories are continued to be used on this basis,it will not be able to meet the needs of the infringed party for re-lief.Therefore,it is urgent to demonstrate the legitimacy of the risk-based damage compensation for personal information infringement.At present,the expansion of the concept of damage has become an international trend,and judicial cases that affirm the risk of personal information damage also provide a practical basis,but this does not mean that all risks are considered as damages.It is necessary to consider factors such as the type of personal information and the subjective purpose of the information processor to determine the scope of risk-based damages,judges make comprehensive judgments based on the characteristics and experience of each case.
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