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

MO Yangshen

Abstract: 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 “all-or-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.

Keywords: personal information · digital human rights · dynamic system theory · constitutive elements of torts · liability