Justification of Risky Damage from Personal Information Infringement and Improvement of Recognition Pathways

DOI: https://doi.org/10.62517/jel.202514205

Author(s)

Zhenyingzi Jin

Affiliation(s)

Law School, China Jiliang University, Hangzhou, Zhejiang, China

Abstract

As the core element of personal information tort liability, damage is also the premise of the application of damage compensation. As the infringement of personal information presents new characteristics and damage forms in the era of digital economy, the consequences of the infringement of personal information are often reflected in the risk of damage suffered by the victim in the future, and the traditional relief of infringement damage has great limitations in dealing with it, so it is necessary to recognize the concept of risk damage. The revision of the concept of damage, the theory of risk allocation under the risk society, and the international practice of the expansion of the concept of damage provide a legitimate basis for the recognition of risk damage. Through the dynamic system of evaluation criteria, the identification dilemma of risk damage can be eliminated by integrating factors such as the type of personal information, the purpose, mode, consequences, and scope of influence of behavior. To achieve better protection of personal information rights and interests.

Keywords

Infringement of Personal Information; Risky Damage; Future Risks; Damage Determination; The Improvement of the Path

References

[1] Xiaodong Ding. From Individual Relief to Public Governance: On the Judicial Response to Personal Information Infringement. Journal of National Prosecutors College, 2022, 30(05): 112. [2] Xin bao Zhang. Tort Law of China. 2nd Edition. Beijing: China Social Sciences Press, 1998: 94. [3] Jidong Chen. Personal Information Infringement Relief. SJTU Law Review, 2019, (4): 52. [4] Jian wen Zhang, Shi Cheng. The New Tort Form of Personal Information and It’s Relief. Law Science Magazine, 2021, 42(04): 21-37. [5] Jangang Xu. An Examination of the Origin of the Concept of Damage in the Context of the Civil Code. Law and Economy, 2021, (2): 32. [6] Zhiwen Liang, Liu Xiao. The Types of Personal Data Damage and Its Determination. Journal of Jishou University (Social Sciences), 2022(2):74. [7] Tian Ye. Risks as the Harm: Redefining "Damage" of Tort in Big Data Era. Political Science and Law, 2021(10): 25-39. [8] Wang Xue. Justification of Risky Damage from Personal Information Leakage. Nanjing University Law Journal, 2023, (03): 174. [9] Yi qiang Wang. Recognition of Data Infringement Damage from a Judicial Perspective. ECUPL Journal, 2023, 26(05): 76. [10] Euroean Civil Law Research Group, European Current Private Law Research Group. Principles, Definitions, and Model Rules of European Private Law: Draft Common Frame of Reference (DCFR). Beijing: Law Press, 2014: 236. [11] Thomas Martecchini, A Day in Court for Data Breach Plaintiffs: Preserving Standing Based on Increased Risk of Identity Theft after Clapper v. Amnesty International USA, 114 Michgan Law Review, 2016. [12] Xu Ming. Privacy Crisis in the Era of Big Data and Its Legal Response under Tort Law. China Legal Science, 2017(01): 25-29. [13] Jianyuan Cui. On the Compensation for Mental Harm in Breach of Contract. Journal of Henan University of Economics and Law, 2008(1): 48-51. [14] Yamamoto Keiji, Xie Gen. Systems Theory in Civil Law. Civil and Commercial Law Review, 2003(23): 172-266. [15] Xie gen, Bantianke. Misunderstood and Overestimated Dynamic Systems Theory. Chinese Journal of Law, 2017(2): 41-57. [16] Hailin Cheng. The justification and cognizance of risky damage about personal information infringement. Journal of Chongqing University (Social Science Edition), 2023(5): 201.