Reflection on and Systematic Coordination of the Imputation Principles for Civil Liability in Personal Information Infringement Cases

Abstract

In the digital era, the infringement of personal information has become increasingly prominent, posing profound challenges to the principles of civil liability imputation. Traditional fault-based liability faces issues of ineffective relief and prevention due to the difficulties for information subjects in providing evidence and the challenges in assessing systemic risks. While no-fault liability can strengthen relief, it may lead to controversies such as the overgeneralization of liability and the stifling of innovation. A single imputation principle is insufficient to address the structural contradictions arising from the diversity of infringement forms, the complexity of causation, and the rigidity of exemptions from liability. This article posits that, based on reflecting on the limitations of existing principles, efforts should be directed toward constructing a layered, dynamic, and internally coordinated imputation system. This system allocates differentiated imputation principles based on the types of rights and the level of risks. By optimizing the core function of the presumption of fault principle and designing internal linkage mechanisms, such as dynamic conversion of imputation, coordinated burden of proof, and tiered exemptions, it aims to achieve the organic unification and systematic reconstruction of multiple values in tort law, including compensation, deterrence, and prevention.