Compensatory Damages in Personal Information Public Interest Litigation in China: Challenges and Prospects

In contrast to private interest litigation,public interest litigation provides a more potent solution to personal information infringements marked by extensive scope,unspecified victims,and limited individual loss.However,com⁃pensatory damages remain a contentious issue,both in theory and in practice,within the legal framework of personal in⁃formation public interest litigation.Through an empirical study conducted within China's judicial practice,this paper reveals that the pending issue concerning the nature and function of compensatory damages has caused highly contra⁃dictory verdicts regarding their calculation and allocation,as well as their relationship with other forms of pecuniary li⁃abilities.Only by acknowledging the role of compensatory damages imposed in personal information public interest liti⁃gation as"Skimming off Excess Profits",and affirming their function as deterrence rather than compensation can they truly achieve the broader objective of safeguarding personal information security and promoting public welfare,as well as avoid disrupting the harmony of the existing legal landscape.

On the“News Exception”in Personal Information Protection

Protection of personal information is a significant issue in the construction of legal systems in various countries in the information age.Introducing a balanced approach for protecting personal information is an important goal of basic human rights protection and data legislation.Personal information protection involves comprehensive considerations among various values,and the balanced structure between personal information rights and other rights systems has become the key to legislation on personal information protection.The“news exception”is a prominent example representing the balanced structure of personal information protection.As a societal instrument,news not only pursues commercial value but also advocates freedom of expression and public value.There exists a natural tension between news and personal information protection.The“news exception”of the balanced structure has become a fundamental requirement and important connotation for constructing a system for protecting personal information.The balanced structure of the“news exception”requires a reasonable definition of the concept and purpose of news,and both the self-discipline within the news industry and the judicial intervention are necessary factors.China has preliminarily completed the top-level legislative design of personal information protection through laws such as the Civil Code of the People’s Republic of China(PRC)and the Personal Information Protection Law of the People’s Republic of China.However,the balanced mechanism of the“news exception”has not yet been fully established in China.A“news exception”based on the ideas of balance and the improvement of the institutional system is the fundamental principle for the development of China’s personal information protection system.

The Dynamic System Theory of Legal Protection for Personal Information Rights Infringement

The advent of the big data era has presented unprecedented challenges to remedies for personal information infringement in areas such as damage assessment,proof of causation,determination of illegality,fault assessment,and liability.Traditional tort law is unable to provide a robust response for these challenges,which severely hinders human rights protection in the digital society.The dynamic system theory represents a third path between fixed constitutive elements and general clauses.It both overcomes the rigidity of the“allor-nothing”legal effect evaluation mechanism of the“element-effect”model and avoids the uncertainty of the general clause model.It can effectively enhance the flexibility of the legal system in responding to social changes.In light of this,it is necessary to construct a dynamic foundational evaluation framework for personal information infringement under the guidance of the dynamic system theory.By relying on the dynamic interplay effect of various foundational evaluation elements,this framework can achieve a flexible evaluation of the constitutive elements of liability and the legal effects of liability for personal information infringement.Through this approach,the crisis of personal information infringement in the era of big data can be mitigated,and the realization of personal information rights as digital human rights can be promoted.

Experimentation with Personal Identifiable Information

In this paper, actual personal identifiable information (PII) texts are analyzed to capture different types of PII sensitivities. The sensitivity of PII is one of the most important factors in determining an individual’s perception of privacy. A “gradation” of sensitivity of PII can be used in many applications, such as deciding the security level that controls access to data and developing a measure of trust when self-disclosing PII. This paper experiments with a theoretical analysis of PII sensitivity, defines its scope, and puts forward possible methodologies of gradation. A technique is proposed that can be used to develop a classification scheme of personal information depending on types of PII. Some PII expresses relationships among persons, some specifies aspects and features of a person, and some describes relationships with nonhuman objects. Results suggest that decomposing PII into privacy-based portions helps in factoring out non-PII information and focusing on a proprietor’s related information. The results also produce a visual map of the privacy sphere that can be used in approximating the sensitivity of different territories of privacy-related text. Such a map uncovers aspects of the proprietor, the proprietor’s relationship to social and physical entities, and the relationships he or she has with others.

Decentralized Mobile SNS Architecture and Its Personal Information Management Mechanism

Mobile SNS popular topics of mobile is one of the most Internet. In order to fulfill the user demand for self-maintained independent social network and ensure the privacy of their personal information and resources, the paper proposes system architecture of decentralized mobile SNS.In the temporary scenarios, the system makes use of the existent specification of FOAF （Friend- of-a-Friend） to describe users＇ personal information and act as a certificate to be identified by SNS sites. Ticket-based Access Authorization System （TAAS） is provided to grant permission to acquire resources on personal portal. Meanwhile, the mechanism and algorithm are devised for user profile complete deletion when users are going to quit the service for the temporary scenarios.

Developing a Comprehensive Regime for Personal Information Protection in Networked Chinese Public Sectors

With the increasing sharing and reuse of personal information resources for better public services, the effective protection and management of personal information as organizational and individual assets as well as social resources are becoming more and more important in networked Chinese public sectors. Existing studies of personal information protection in China is mainly conducted from the legal perspective with a focus on the development of appropriate legislation and policies at the national level. There is little research on how specific legislation and polices can actually be implemented in an effective manner and what impacts such legislation and policies have on individuals, organizations, and the society. To adequately address this issue, this study investigates the legal requirements for personal information protection based on the relevant laws, regulations, and standards in China. It proposes a comprehensive regime for personal information protection in the networked public sectors in China. Such a regime takes the advantages of existing discipline-based approaches, legal requirements, and control mechanisms for personal information protection. It can be used to facilitate the provision of public services in the networked Chinese public sectors through the adequate protection of personal information and the effective management of personal information.

A Method to Improve the Accuracy of Personal Information Detection

It is necessary to confirm the personal data factors and the rules of verification before conducting personal data detection. So that the detection method can be written in the subsequent implementation of the automatic detection tool. This paper will conduct experiments on common personal data factor rules, including domestic personal identity numbers and credit card numbers with checksums. We use ChatGPT to test the accuracy of identifying personal information like ID card identification numbers or credit card numbers. And then use personal data correlation to reduce the time for personal data identification. Although the number of personal information factors found has decreased, it has had a better effect on the actual manual personal data identification. The result shows that it saves about 45% of the calculation time, and the execution efficiency of the accuracy is also improved with the original method by about 22%, which is about 2.2 times higher than the general method. Therefore, the method proposed in this paper can accurately and effectively find out the leftover personal information in the enterprise. .

Perspectives for Sharing Personal Information on Online Social Networks

The goal of this research was to study how people feel about sharing personal information on social networks. The research was done by interviews;50 people were interviewed, mostly from China's Mainland, Hong Kong, and Finland. This paper presents the included 12 questions and discusses the collected answers. It was discovered, e.g., that 38 out of the 50 answerers use social media every day and share versatile personal information on the Internet. Half of the answerers also share information about other people on the Internet. It was also discovered that compared to male answerers, the female answerers were more active in sharing information about other people. There was a significant variety in opinions: what should be the age limit for sharing personal information online, while 22 out of the 50 answerers felt that there is no need for an age limit at all. According to the answers, only a few people use social media for making new friends. Instead, an important reason for using social media is that their existing friends are using. An interesting finding was that the answerers see the Internet as a part of the real world;the privacy that you have on the Internet is the privacy that you have in the real world.

Why The Constitution Should Protect Personal Credit Information?——An Approach of Right Argumentation

Protecting personal credit information through constitutional rights is not only essemtial for individuals to defend against infringements on their personal credit information rights and interests by public power in the social credit system,but also a requirement for unified legislation on social credit to explore the basis for constitutional norms.In the era of the credit economy,personal credit information has become a vital resource for realizing personal autonomy.Along with the increase in the state’s supervision and control of personal credit,the realization of the autonomous value in the interests related to personal credit information has also set more obligations for the state.Therefore,interests related to personal credit information should be regarded as a constitutional right.Because of its significant economic interest and value,the right to personal credit information should be classified as a constitutional property right.As a constitutional property right,the right to personal credit information can not only help protect people’s economic interests,but also achieve the goal of safeguarding their personality interests.

The Model Selection of Personal Information Protection in Criminal Procedures

In criminal procedures,the right to personal information does not conform to the human rights characteristics of criminal procedures centered on due process right,in which the right to be forgotten and the right to access data possess no attributes of independent litigation right.The theory of the independent right to personal information lacks a legitimate basis and should not be used as the protection model for personal information in criminal proceedings.Given the particularity of interest measurement and the individuality and negativity of human rights in criminal procedures,the protection of personal information in the criminal procedure should be aimed at the risk of transformation from collective general information to private sensitive information.Specifically,it is the right of personal information not to be excessively collected.Accordingly,the personal information protection should be included in the scope of criminal procedures by the conceptual interpretation of the informational privacy,i.e.,the dependency protection model.In this regard,the criminal proceeding should appropriately introduce the basic principles of personal information protection and the limited general forensic to deal with the impact and challenge of emerging right claim on the criminal justice system.

The Public Law Construction of Government Agencies’Obligations to Disclose When Handling Personal Information in the Digital Age

The protection of personal information plays an extremely important role in the construction of digital government.The duty to inform is a prerequisite core obligation that the government should fulfill in processing personal information,a concrete expression of the right to self-determination of personal information,and a prerequisite for the right to protection of personal information that works as a fundamental right to defense the intrusion from the government,as well as a procedural regulatory tool to restrain the government’s information power and prevent the risk of infringement.As the rules on the processing of personal information and the duty to inform have both the nature of public law,the government’s processing of personal information is also public law in nature,especially because of the constitutional value and power control function of the duty to inform,the construction of a system for the duty to inform cannot be copied from the rules applicable to private subjects,but should be tailored to the public law characteristics of the government’s processing of personal information,overcoming the shortcomings of the current rough and fragmented legislation,and set up a systematic regulation based on the public law in term of the legal subject,procedure,content,consequences of obligation violations and legal protection.

On the “Reasonable” Handling of Personal Information Disclosed According to the Law

The model for protection of personal information dis-closed according to the law has changed from indirect protection to direct protection.The indirect protection model for traditional repu-tation rights and privacy rights was not enough to meet the practical needs of governance.However;due to the ambiguity in the application of the“reasonable”processing requirements,the direct protection model centered on Article 27 of the Personal Information Protection Law also is not enough to effectively respond to practical disputes.The essence of the problem is to resolve the tension between informa-tion circulation and risk control and reshape the legal order for the protection of personal information disclosed according to the law.The determination of“reasonable”should be centered on the scenario theory and holism interpretation and carried out by using the interpre-tation technique of the dynamic system under Article 998 of the Civil Code.With the support of scenario-based discussions and comparative propositions,the crawling and tag extraction of personal information.disclosed according to the law should be considered as reasonable processing;profiling and automated decision-making should not be covered in the scope of reasonable processing,in principle;for behav-iors such as correlation analysis,elements like information subject,identifiability and sensitivity should be comprehensively considered to draw open and inclusive conclusions in individual cases.

Research on Residents’Willingness to Protect Privacy in the Context of the Personal Information Protection Law:A Survey Based on Foshan Residents’Data

The Personal Information Protection Law,as the first law on personal information protection in China,hits the people’s most concerned,realistic and direct privacy and information security issues,and plays an extremely important role in promoting the development of the digital economy,the legalization of socialism with Chinese characteristics and social public security,and marks a new historical development stage in the protection of personal information in China.However,the awareness of privacy protection and privacy protection behavior of the public in personal information privacy protection is weak.Based on the literature review and in-depth understanding of current legal regulations,this study integrates the relevant literature and theoretical knowledge of the Personal Protection Law to construct a conceptual model of“privacy information protection willingness-privacy information protection behavior”.Taking the residents of Foshan City as an example,this paper conducts a questionnaire survey on their attitudes toward the Personal Protection Law,analyzes the factors influencing their willingness to protect their privacy and their behaviors,and explores the mechanisms of their influencing variables,to provide advice and suggestions for promoting the protection of privacy information and building a security barrier for the high-quality development of public information security.

生成式人工智能应用场景下个人信息保护的法律风险及应对

数据已成为新的产权要素和产业基础,而具备了一定理性能力的生成式人工智能ChatGPT在大数据喂养、人为数据标识处理和信息再输出三个层次对个人信息权益构成了新的侵权范式。尽管《个人信息保护法》《网络安全法》等法律规范已确立起一系列个人信息保护手段,但在生成式人工智能服务与应用端仍面临着解释和适用上的难题。为此,我国需要在保障个人信息权益的前提下鼓励发展人工智能技术——在总体上要树立起基于风险的个人信息保护原则,并尝试以“风险预知—解构—化解”为基本路径,在微观上优化“知情-同意”规则,以“设计保护”原则强化企业内部自治,并灵活调整侵权责任追究机制。

Challenges and New Directions of Information Accessibility for Persons with Disabilities in China: From the Perspective of the Convention on the Rights of Persons with Disabilities

Accessibility is the basis and prerequisite for persons with disabilities to enjoy and exercise all human rights and fundamental freedoms With the rapid development of the internet, providing and promoting information accessibility is considered an important obligation for the State In the process of transforming international human rights law into domestic law, how to deal with the human rights protection of persons with disabilities and the obligations of the private sector to ensure persons with disabilities receive services and products that meet the requirements and principles of information accessibility has become a development issue in the new era Against the backdrop of the Convention on the Rights of Persons with Disabilities and in the context of the booming development of the cause of persons with disabilities in China, legal scholars, persons with disabilities, and organizations have jointly proposed the Beijing Initiative on the Principles of Information Accessibility for Science and Technology Products It clarifies that the private sector should embrace the human rights model advocated by the Convention in terms of information accessibility, and provide equal participation for persons with disabilities in the process of designing, producing and selling scientific and technological products The Initiative also states that the private sector should keep pace with the United Nation’s sustainable development goals and the basic national policy of building a well-to-do society in an all round way, ensuring persons with disabilities are included within a moderately well-off society It also provides civil opinions on the formulation and clarification of relevant laws in the future.

Analysis on Ecological Personality Right--In the Perspective of Environmental Personality Right

This essay focuses on expanding the traditional theory of personality right and referring to the outside legislative cases in order to promote environmental information disclosure,the purpose,therefore is to realize the ecological personality right.

Research on the Legality of Information Utilization in Epidemic Prevention and Control

Big data is playing an important role in preventing,control and monitoring COVID-19,but during the process,the legality of the use of personal information shall be paid attention to.Personal information should be divided into general information and sensitive information,and the use of sensitive information should take"Consent"as its legality basis.In the process of personal information collection,the subject qualification of the collection organization or personnel should be clearly defined,and the starting conditions and process specifications of the collection work should be determined.The use of personal information should be in accordance with legal provisions or agreed ways and purposes and should not violate individual privacy rights and other personality rights,and should not improperly display the"digital image"of individuals.

Research on the Influencing Factors of Personal Credit Based on a Risk Management Model in the Background of Big Data

Between states, between enterprises and enterprises, between people, it can be stated that credit is full of every corner of our lives. But the current lack of social credit is fundamental. Credit risk is particularly prominent. In the extensive data generation today, the information on personal credit statistics is very large, but still lack the data system processing and screening. Through the information retrieval of 200 credit information reports, this paper constructs the evaluation system of personal credit by using the basic information of the individual. The basic information of these individuals has great convenience in information collection and information statistics, and this basic information covers all aspects that are likely to result in the breach of contract. Through the use of single factor analysis and logistic model to solve the index system, you can not only find the impact of individual indicators on the degree of personal credit, but also see the overall impact of indicators on the degree of credit, that is, the weight of the indicators. Finally, four different credit ratings are divided by assigning the indicators to the scores. Credit rating can clearly measure the respective credit situation. Through the classification of these levels, measuring the credit line when a person in the individual credit operation, at the same time, it can provide reference and proval to administrative departments, which is benefit for managing credit risks. It has a substantial meaning and value in use. The solution to the rating system cannot only be applied to individuals, but also to the enterprises, with a wide range of versatility.

Design and Implementation of a New Chinese Word Segmentation Dictionary for the Personalized Mobile Search

Chinese word segmentation is the basis of natural language processing. The dictionary mechanism significantly influences the efficiency of word segmentation and the understanding of the user’s intention which is implied in the user’s query. As the traditional dictionary mechanisms can't meet the present situation of personalized mobile search, this paper presents a new dictionary mechanism which contains the word classification information. This paper, furthermore, puts forward an approach for improving the traditional word bank structure, and proposes an improved FMM segmentation algorithm. The results show that the new dictionary mechanism has made a significant increase on the query efficiency and met the user’s individual requirements better.

Reconstructing the Framework for Determining and Compensating Dual Risk-Based Damage to Personal Information

Abstract:In the era of big data,the dual risk-based damage associated with personal information leakage presents unique chal-lenges.The unrealistic nature of objective risk-based damage without benchmarks and the high threshold for determining subjective risk-based damage have become obstacles for information subjects seek-ing compensation.Traditional approaches to supporting risk-based damage are inadequate in the realm of personal information.The theoretical support and compensation mechanisms for dual risk-based damage to personal information need re-exploration.The information subject’s control over the value of personal information assets based on the right to know forms the theoretical basis for objective risk-based damage.Additionally,the independence of mental suffering and the relaxation of the“serious”standard allow for a broader in-terpretation of subjective risk-based damage.In addressing claims by information subjects,first,courts need to assess and quantify the level of risk-based damage;second,legislation should introduce a statutory compensation system to define the range of personal information asset value,with a focus on the fault of personal information processors in civil liability;finally,establishing a special representative litigation mechanism can effectively address collective disputes over personal information infringement and alleviate the litigation burden on infor-mation subjects.