The Judicial Adjudication Logic of Data Privacy Cases from the Perspective of Basic Rights
DOI:
https://doi.org/10.62051/ijsspa.v9n1.20Keywords:
Fundamental Rights, Data Privacy, Judicial Adjudication, Burden of Proof, Proportionality PrincipleAbstract
With the continuous technological evolution of the digital age, data privacy has become an integral part of citizens' basic rights and a key component. The continued expansion of data privacy rights on internet platforms poses new challenges to the traditional judicial adjudication framework. This article, approaching data privacy cases from a fundamental rights perspective, draws on the Civil Code and the Personal Information Protection Law as normative support, and draws on a sample of 576 judicial cases to systematically analyze the adjudication logic of data privacy cases. Regarding the definition of rights, it clarifies the fundamental right nature and dual validity of data privacy. Regarding infringement determination, it establishes a system of elements encompassing "illegality of conduct - consequences of damage - causation - subjective fault." Regarding procedural rules, it refines the tiered distribution standard for the burden of proof. Furthermore, in the process of balancing interests, it applies the principle of proportionality to reconcile the contradiction between rights protection and data utilization. This research reveals that current adjudication practice suffers from problems such as "different judgments in similar cases" and insufficient regulation of data privacy rights. Guiding cases are needed to unify adjudication standards and improve the path to rights redress. The conclusion is that only by integrating fundamental rights protection throughout the entire adjudication process can substantive justice in the judicial protection of data privacy be achieved while ensuring the orderly development of the digital industry.
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[1] Li Demian. On the protection of personal information in cross-border data flow [N]. Science Herald, 2025-04-03(B02). DOI:10.28511/n.cnki.nkxdb.2025.000221.
[2] Brkan M. The essence of the fundamental right to privacy and data protection: getting out of the maze of the EU Court's constitutional reasoning [J]. German Law Journal, 2019, 20(6): 864-883.
[3] Pollicino O, Romeo G. The Internet and the Constitution: The protection of fundamental rights and constitutional adjudication in Europe [M]. Routledge, 2016.
[4] Zhu Xiaofeng. Study on the Constitutive Elements of Personal Information Infringement Liability [J]. Comparative Law Research, 2023, (04): 132-149.
[5] Fabbrini F. EU Charter of Fundamental Rights and Data Privacy: The Court of Justice of the European Union as a Human Rights Court [J]. Five Years of a Legally Binding Charter of Fundamental Rights (Oxford, Hart Publishing, 2015), iCourts Working Paper Series, 2015 (19).
[6] Ding Xiaodong. Legal Theory of the Relationship between Privacy Protection and Personal Information Protection - On the Application of the Civil Code and the Personal Information Protection Law [J]. Legal and Business Research, 2023, 40 (06): 61-74. DOI: 10.16390/j.cnki.issn1672-0393.2023.06.012.
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