The inversion of burden of proof the maintenance of information security-truffe

Inverted burden of proof   safeguarding information security – the rule of law – People’s personal information security is an important concern of the current society. The day before, China Youth University for Political Science Internet Law Research Center released "China personal information security and privacy protection report". The report shows that over 70% of the participating investigators believe the problem is serious leakage of personal information: 26% people every day from 2 – 3 or even more spam messages; the other know strange calls their names or personal information units, up to 81% of those who participated in the research experience. Only a small number of people take active action when they encounter personal information leakage and face infringement. In explaining the reasons for the failure of adults, 60% of the participants said they do not know how activist, 56% of people said they did not find economic losses. Statistics show that personal information security has become a widespread social anxiety. But corresponding to the masses is not strong awareness of prevention, protection awareness is weak, lack of rights activist." Vice president of China Youth University for Political Science, director of the center for the study of the rule of law. According to the Shanghai Institute of Finance and law executive dean Fu Yugang introduced, at present most of the leaked personal identity information does not belong to criminal liability in civil disputes, for disclosure of personal information institutions or individuals shall bear civil liability is almost inaccessible, because they will be caught in the legal problems of the burden of proof. "Due to personal information acquisition, storage and use in many aspects, if the cost is very high, and difficult to investigate, punishment, compensation of strength, and profit space is huge, which provide a huge space for speculation gray industrial chain." Fu Yugang said, the key is to reverse the chaos of burden of proof, will present "who advocate who proof" instead of "burden of proof", as long as the plaintiff the defendant provided the the fact that the defendant can illegally obtain identity information on the grounds of civil litigation, the defendant should bear the legal proof of plaintiff’s identity information the. As a result, it will be illegal access to identity information institutions and individuals to form a deterrent. "The legal system should establish a solid protective barriers, but because of the complexity of personal information disclosure and the occult, the hopes through legal punishment afterwards, I’m afraid not fundamental ways. Should focus on the punishment to be transferred to the previous prevention, the possibility of data leakage from the source of illegal data industry chain." Lin Wei said. In daily life, a copy of documents, courier and mobile phone is an important carrier of personal information leakage. The report also shows that up to 55% of the people will be copied to the relevant documents, the applicant did not specify the use of; 47% of the survey participants will often have to write a personal information express single throw away without treatment. "Personal information security law popularization efforts still need to increase, especially to enable citizens to clearly grasp the skills of rights." Propose sesame credit legal director Nie Zhengjun, the photocopy of the certificate should indicate to what institutions, what use, and indicate he is invalid; throw away the express packaging, must apply, dispose of personal information; do not use the account timely apply for cancellation, to avoid information leakage or illegal access can)相关的主题文章: