Allocation of Burden of Proof in Big Data Infringement:Improvement Strategies from the Perspective of Rule of Law in National Governance
Compared with the legal relationships constructed by traditional tort theories,the subjects,acts,and damage outcomes of big data infringement are more complex and variable.This complexity complicates the proof and judgment of causality,hindering the remedial function of tort law.Given the relatively weak ability of individuals to provide proof,and based on standards of technological dependency and risk control responsibility,along with the rules of factual presumption,it is advisable to adopt a reversed burden of proof in specific situations while continuing to apply the normative approach for allocating the burden of proof.
big data infringementcausalityburden of proofevaluation criteria
万方数据
维普
