关键词: 交往控制风险, 损害, 违法性, 惩罚性赔偿, 个别类推

Abstract:

Information processors may create interaction control risks in the course of information processing, and when such risks exceed the necessary limits to cause undue interference with the subject of the information, there is a need for the law to intervene. The judgment of whether the risk exceeds the necessary limit shall be based on whether the information processor has fulfilled the legal obligation of action or inaction, and whether the information processor has the improper purpose of influencing the decision-making of others does not constitute the criterion for judging the abnormality of the risk. The act of creating an abnormal risk is illegal and constitutes an infringement of personal information. However, the abnormal risk is difficult to be included in the concept of damage, and treating the risk as damage is contrary to the certainty and objectivity of damage, and will also increase the difficulty and cost of determining the causal relationship. Therefore, in terms of legislation, we can try to introduce punitive damages system, taking the risk of relationship control as one of the criteria for judging the elements of punitive damages. In terms of interpretation, the court may apply by analogy the personal information damages rules to compensate for lost.

Key words: interaction control risk, damage, illegality, punitive damages, analogy