Reflection and Construction:A Research on the Liability Principle in the Personal Information Protection Law
Personal Information Protection Law of China lacks precision and reasonableness in increasingly complex informa-tion processing activities by assuming single doctrine of presumption.The reason why the current legislation sets up the presump-tion of fault liability is twofold.Firstly,in the era of big data,human natural rationality is unable to effectively deal with highly"black-boxed"information processing activities;secondly,it draws on the experience of the EU GDPR and German personal in-formation protection legislation,which applies a special principle that the information processor bears the special liability.However,with the rise of algorithms and other automated technologies,even if the infringing party bears the burden of proof for fault,the victim's ability to provide evidence and litigate remains at an extreme disadvantage.Therefore,it is necessary to articulate the justi-fication for constructing a dual liability system of no-fault and presumed fault liability from perspectives of justice philosophy,moral stance,and economic analysis.Moreover,we should define the scope of this dual liability system based on whether the in-fringing party uses automated technology,ultimately achieving a value balance between commercial interests in data and the pro-tection of information rights and interests.
Personal Information Protection Lawpersonal information processorsdoctrine of presumptionNo-fault Liability
NETL
NSTL
万方数据
