Study on the Determination of Infringement Damage of Personal Biometric Information
Yujia Duan · Journal of Humanities Arts and Social Science · 2024
Damage is a necessary element for establishing infringement of a person's biometric information. Under the backdrop of big data, new forms of harm continue to emerge. The traditional doctrine of difference in determining tort damages faces challenges when it comes to cases involving the infringement of personal biometric information. This situation complicates the protection of personal biometric information from infringement. Therefore, the introduction of risky damage as a criterion for assessing the infringement of personal biometric information becomes essential. However, not all risks of infringement are suitable to be included in the category of damage. Due to the intangible, uncertain, and difficult-to-measure characteristics of risky damage, judges should consider factors such as the sensitivity of the information, how it was handled, its intended purpose, the level of exposure and impact, and any related downstream offenses when adjudicating.