In the background of the digital age,there is a disagreement between damage in personal infor-mation infringement and the classical concept of damage in the traditional private law,which makes it dif-ficult for the former to be covered by the basis of damage claim.The damage in Article 69 of Personal In-formation Protection Law of the P.R.C includes property damage and non-property damage,but there is almost no property damage in judicial practice;meanwhile,as one of the applicable requirements for mental damage compensation,serious mental damage is also infrequent.The essence of personal informa-tion infringement is the damage to the interests of personality,namely,the freedom and dignity of person-ality.From the perspective of damage relief,the traditional concept of"damage"should be reformed and expanded.Therefore,the inclusion of non-serious mental damage and increased future risk into the con-ceptual system of personal information infringement damage has a certain theoretical basis and compara-tive law interpretation basis.In order to promote the application of Personal Information Protection Law of the P.R.C and fully intimidate the defendant,it is proposed to establish a compensation liability system based on damage types,to dilute the standard for the determination of compensation for mental damage,to introduce a punitive compensation system,and to determine the minimum compensation limit of small damages for the infringement of personal information rights and interests.
personal information rights and interestsnon-serious mental impairmentrisk damagesystem of compensation liability
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