Author(s)

Zeng Yi ¹

Affiliation(s)

¹ China Jiliang University, Hangzhou, China

Corresponding Author

Zeng Yi

ABSTRACT

In the era of big data, people's lives have undergone rapid and continuous changes. Daily necessities such as food, clothing, housing, and transportation have become increasingly convenient and efficient. However, the resulting data leaks have also triggered a series of new problems. In this regard, the first step should be to consider the essence of data leaks, identify the subjects involved in the data leaks, and analyze the sensitivity and secrecy of the data. Data leaks should be regarded as a new type of damage. Secondly, the new types of damages caused by data leaks should be classified in terms of their types, and they should be divided into actual property losses and mental damages. We need to identify the flaws and shortcomings in the determination of the new types of damages caused by data breaches, eliminate the problem of overly long causal chains of indirect damages, optimize the quantification standards for actual property losses, incorporate necessary prevention costs into the determination system, expand the scope of damages in a restricted manner, re-evaluate the constituent elements of mental damages, draw on foreign experience, gradually weaken or even eliminate the severity standards for mental damages, and appropriately reduce the burden of proof for the victims. In addition, the subsequent risk and damage issues arising from the occurrence of new types of data leaks should also be considered as a damage determination rule.

KEYWORDS

Data Leakage; New Type of Damage; Damage Determination; Rule Construction

CITE THIS PAPER

Zeng Yi. Research on the Determination of Damages Caused by Data Leaks. Science of Law Journal (2025) Vol. 4: 126-131. DOI: http://dx.doi.org/DOI: 10.23977/law.2025.040518.

REFERENCES

[1] Danah boyd, Kate Crawford. Six Provocations for Big Data[C].A Decade in Internet Time: Symposium on the Dynamics of the Intemet and Society, 2011(09).
[2] Clara Kim. Granting Standing in Data Breach Cases: The Seventh Circuit Paves the Way towards a Solution to the Increasingly Pervasive Data Breach Problem[J]. Columbia Business Law Review, 2016: 544-546. 
[3] Ye Mingyi. The Protection of Personal Information by Tort Law[J]. Legal Studies, 2018,(04):88.
[4] Wang Yiqiang. The Recognition of Data Infringement Damages from the Perspective of Judgments [J]. Journal of East China University of Political Science and Law, 2023,(5):78.
[5] See (2019) Beijing Internet Court No. 16142 Civil Judgment.
[6] Cheng Xiao. On the Obligations of Data Security Protection[J]. Comparative Law Studies, 2023,(2):64.
[7] Ruan Shenyu. On the Generalized Path of Data Ownership[J]. Wuhan University Journal (Philosophical and Social Sciences Edition),2024,(5):157.
[8] Xie Hongfei. The Liability of Information Processors for Downstream Damages Caused by Information Infringement[J]. Legal Application, 2022,(1):23.
[9] Xu Ming. The Privacy Crisis in the Era of Big Data and Its Legal Response in Infringement Law[J]. Chinese Law, 2017, (1):130-149.
[10] Wagner. Münchener Kommentar[M]. Munich: C.H.Beck, 2009:826.
[11] Maxwell E. Loos. Exposure as Distortion: Deciphering Substantial Injury for FTC Data Security Actions[J]. George Washington Law Review Arguendo, 2019,(87):42.
[12] Jennifer Wilt. Cancelled Credit Cards: Substantial Risk of Future Injury as a Basis for Standing in Data Breach Cases[J]. SMU Law Review, 2018,(71):615.
[13] Ye Mingyi. Infringement Protection of Personal Information[J]. Legal Studies,2018,(4):88.
[14] Tian Ye. Risk as Damages: The Innovation of the Concept of Infringement Damages in the Era of Big Data[J]. Politics and Law, 2021(10):25-39.

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