Identification of fault types in personal information infringement and its impact on tort liability
Fault plays a significant role in identifying tort liability against personal information and its amount of compensation for damages.As far as the criterion of liability is concerned,the obstructed connection between The Personal Information Protection Law and The Civil Code initiated the difficulty in application of law:whether fault criterion of liability or non-fault criterion of liability is applicable to personal information processors and non-personal information processors.As for degrees of faults,in pure torts against personal information such as illegal collection,use,acquisition,trade,disclosure and divulging of personal information,the tortfeasor is mostly intentional,and negligence is generally identified in torts against network information and information disclosure cases;in torts against other civil interests via personal information such as using personal information to commit crimes,to conduct marketing,and to violate personality rights and so forth,the upstream tortfeasor shall be liable for downstream damages,as which intention is an essential element.But,if there is a contractual connection between the upstream and downstream information processors,the upstream tortfeasor shall be liable for relevant downstream damages,even if he is only negligent.
personal information infringementconstructive faultintentionnegligences
NETL
NSTL
万方数据
维普
