The digital and intelligent age has given rise to a considerable number of disputes regarding personal information infringement.The establishment of liability for the presumption of fault can assist in reversing the disadvantaged position of the victim in providing proof.However,in its specific application,it confronts the legal predicament of an ambiguous scope of application resulting from the indistinct concept of personal information processors and the multiple rights and interests associated with personal information.From a systemic perspective,this paper contends that personal information processors should define the scope of liability for presumptive fault in personal information infringement regardless of the type of personal information.The determination of personal information processors should center on whether the organization or individual has engaged in large-scale and systematic information processing activities.In the specific application of the liability for presumption of fault,the personal information processor can rebut the presumption of fault by demonstrating that their behavior is legal and that they have fulfilled the duty of care with reasonable diligence.
关键词
个人信息侵权/过错推定责任/个人信息处理者
Key words
personal information infringement/liability for the presumption of fault/personal information processor
万方数据