Compensation liability of secondary damage caused by personal information breach
Personal information breach may not only lead to primary harm such as risk and anxiety for victims,but also result in secondary damages caused by the actual misuse of personal information by the infringer,including algorithmic discrimination,relational control,information monitoring,identity theft.The attribution of secondary damage should adopt the theory of equivalent causality,and exempt the personal information processor from compensation liability in case of accidental interruption of causality.In situations where a third party misuses personal information and causes secondary damage,the infringement pattern of personal information breach falls into three categories:negligence of the processor and intent of the third party,negligence of the processor and negligence of the third party,and intent of the processor and intent of the third party.And the forms of liability such as supplementary liability,joint and several liability and proportional liability are applied in specific scenarios.The scope of compensation for secondary damage includes both positive losses and negative losses,and the net profit criterion and the proposed royalty criterion may be used to calculate compensation for gain,and when the actual loss and gain cannot be confirmed easily,the amount of compensation can be determined by the judge.
personal informationdata breachsecondary damagecompensation for damage
国家科技期刊平台
NSTL
万方数据
