Article 69 of China's Personal Information Protection Law establishes a compensation system for damages resulting from violations of personal information rights.However,it does not adequately address the challenge...Article 69 of China's Personal Information Protection Law establishes a compensation system for damages resulting from violations of personal information rights.However,it does not adequately address the challenge of quantifying such damages.The intangible and uncertain nature of the consequences of personal information rights infringement makes it difficult to calculate the amount of damages within the existing legal framework,leading to issues such as the difficulty for victims to exercise the right to claim compensation,the difficulty in curbing illegal acts of personal information rights infringement,and the risk of arbitrary rulings by judges.Statutory compensation has unique value in relieving victims,deterring illegal acts,and improving the efficiency of litigation,and can serve as a supplementary scheme for calculating compensation.The structure of the statutory compensation system should clearly define the order of application,prohibit its application out of the prescribed order,adopt a differentiated compensation amount based on the classification of personal information,establish mechanisms to prevent excessive compensation amounts for different scenarios,and clearly define the discretionary factors for compensation,thereby improving the effectiveness of the application of statutory compensation.展开更多
基金a phased achievement of the project supported by the Fundamental Research Funds for the Central Universities,entitled The Dual Governance Structure of Super Network Platforms and Its Institutional Design(Project Approval Number:31513112701)。
文摘Article 69 of China's Personal Information Protection Law establishes a compensation system for damages resulting from violations of personal information rights.However,it does not adequately address the challenge of quantifying such damages.The intangible and uncertain nature of the consequences of personal information rights infringement makes it difficult to calculate the amount of damages within the existing legal framework,leading to issues such as the difficulty for victims to exercise the right to claim compensation,the difficulty in curbing illegal acts of personal information rights infringement,and the risk of arbitrary rulings by judges.Statutory compensation has unique value in relieving victims,deterring illegal acts,and improving the efficiency of litigation,and can serve as a supplementary scheme for calculating compensation.The structure of the statutory compensation system should clearly define the order of application,prohibit its application out of the prescribed order,adopt a differentiated compensation amount based on the classification of personal information,establish mechanisms to prevent excessive compensation amounts for different scenarios,and clearly define the discretionary factors for compensation,thereby improving the effectiveness of the application of statutory compensation.
