关键词: 个人信息安全, 人格权, 损害赔偿额, 举证责任倒置, 集体诉讼

Abstract: It is difficult to measure the damages of personal information abuse Neither the substantial civil law nor the procedural one has made any efficient relief for the right holders, which leads to the increasing abuse of personal information today Based on defining the right of personal information control as a part of personality right, the amount of compensation can be comprehensively decided by the results of damage, default and income of infringer The procedural mechanisms for personal information protection should be completed through inversion of burden of proof and class action, further to relieve the crisis of personal information in “big data” era from the layers of substantial law and procedural law

Key words: personal information security, personality right, amount of compensation, inversion of burden of proof, class action