Research on the Particularity of the Application of the Imputation Principle in the Personal Information Protection Law of PRC

Abstract

The introduction of the Law of the People’s Republic of China on the Protection of Personal Information (hereinafter referred to as the Personal Information Protection Law) is a strong response to the unwavering defense of the right to self-determination of personal information in the era of the great development of China’s digital economy. There are three prerequisites for the application of the imputation principle of the Personal Information Protection Law: the information processing subject is the Personal Information Processor; the information right subject is a natural person; and the tort liability is the basis of the claim. Therefore, only by clarifying the above three premises, especially the dichotomy of processor and controller in the concept of personal information processor and the single theory of processor, can the liability principle be applied accurately.