The principle of'no harm,no compensation'means that the recognition of harm is a prerequisite for civil remedies.Actions such as the illegal processing of personal information and data may cause non-material data and information harm.However,this form of harm is difficult to gain legal recognition due to its incompatibility with traditional elements of harm.With the concepts of risk distribution and public governance in mind,it is institutionally necessary and theoretically feasible to acknowledge the independence of data and information harm,leveraging the tort system's functions of individual relief and risk prevention.Firstly,there should be a shift in mindset to understand that the traditional concept of harm is constructed based on the social mode of production.The transformation from the industrial age to the digital age provides ample legal basis for recognizing data and information harm,addressing institutional barriers related to uncertainty,causality,and individual significance.Secondly,remedial rules should be adjusted.On one hand,direct data and information harm,such as illegal collection,access,leakage,and loss of personal information data,should be legalized,and subsequent data and information harm should be expanded in a typified manner,acknowledging common types of non-material harm.On the other hand,for minor systemic data and information harm,public interest litigation should be used as a remedial measure,with statutory compensation methods employed for quantification.
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