| 摘要: | 網路流通無遠弗界，個人資料具有商業價值，若被外洩，造成當事人隱私權、名譽權、財產權受到侵害，同時兩岸商業貿易頻繁，許多詐騙集團來自大陸，台灣人民財損求償無門，故亦需了解大陸個人信息保護的民事賠償責任。
隱私權起源發展，早期空間隱私發展為個資自主控制支配權，成為人格權保護的客體，美國隨之發展資訊隱私權的概念，台灣在釋字第603、689號解釋中定位個資自主決定權，2012年正式施行個人資料保護法，成為能與世界接軌的進步立法，開啟個資保護新時代。
本文探討個資外洩後損害賠償請求權的基礎，瞭解個資法是民法的特別法，優先適用個資法，不足時得以民法補充之。再以實務案例驗證現行個資保護的成效及缺失，評析個資保護法和個人信息保護法之民事賠償制度，是否足以彌補當事人財產權的損失，再探討加害人民事承擔的方式與義務，能否有效遏阻個資外洩的案件發生。
本文認為個資外洩後有難以回復的特性，且造成當事人極大的痛苦與不安情緒，故建議應區分「一般個人資料」與「特種個人資料」賠償程度差別，訂定損害賠償的具體認定基準，建立兩岸司法互助求償救濟之途徑。保護個資應以預防勝於事後彌補，周全保護個資，已是當今資訊數位時代下人民的需求，亦是全球共同的目標。
Internet has the characteristic of circulation without boundaries. Due to the commercial value of personal information, this information could be leaked at any time. This has created an emerging social problem. Such leakage often leads to the infringement of the privacy, reputation and property rights are all involved. In addition, because of the frequent commercial trades happened in between Taiwan and China, many fraudsters come from the China. Thus, this research also needs to explore the regulations regarding civil liability for personal information protection in China.
The observation of early development on the concept of privacy was more focused on the concept of personal space. Most of it focus on the right to control and the control personal data independently and became the object of personal rights protection. Later, the United States began to develop the concept of information privacy. In Taiwan, the right to self-determination of personal information has been given in the Interpretation No. 603 and No. 689 of the Constitutional Court. Later on, the concept of information privacy had started to be legalized in 2012, when the Personal Data Protection Act was officially implemented.
Next, this research explores the basis of the right to claim damages after personal information leakage, to understand the relationship between personal information law and civil law. This research believes that the personal information law is a more prior to civil law, and the personal information law should be applied as a matter of priority. Only when the legal regulation is insufficient, the civil law then should be supplemented for it. After that, this research would go through the judicial cases in Taiwan and China to exam the effectiveness and shortcomings of the current personal information protection. From those real cases, this research would evaluate whether the civil compensation system and Personal Data Protection Act are sufficient to compensate for the loss of property rights.
Ultimately, because personal information leakage is difficult to recover and causes great pain and anxiety to the individuals. Therefore, the law should distinguish the difference in the degree of compensation between "general personal information" and "special personal information". In addition, this research also proposes to establish a specific benchmark for the recognition of personal data damages. Moreover, the channel for mutual judicial assistance between Taiwan and China should be established, for seeking the compensation and relief for individuals. Finally, this research calls for the premise that prevention is better than compensation afterwards. The comprehensive protection of personal information is already the demand of every citizen in digital age nowadays, and also has become the common goals worldwide. |
