| The age of big data,increasingly serious personal information infringement require civil litigation playing a more important role.At present,our civil trial adopts the privacy protection mode for the infringement of personal information,so that civil proceedings only concerned about the personality interests of personal information rights,while ignoring the value of its property,which broke the balance of reasonable utilization and effective protection of personal information.Through specific cases,We analyze what affect the infringement of personal information into civil litigation,the factors which have procedural affect to the litigation,that is,if these problems can't be solved well,I am afraid the proceedings difficult to start or promote,such as determination of the defendant in litigation,the allocation of evidence;which affect the effect of litigation in fact,such as the lacking of litigation motivation,the wrong cause of action.The article also analyzes the large-scale characteristics of personal information infringement in the era of large data.It's necessary to effectively carry out group litigation for large-scale infringement cases.We should improve the representative of the litigation system,about the determination and the "opt-out" mode of the representative of the lawsuit,we should learn from the "group litigation" in the United States.The representative of the litigation system is a kind of relief afterwards,without the function to avoid the harm in advance.When the large-scale infringement beyond a certain range,related to public interest,we can bring public interest litigation.As for the public interest litigation caused by the large-scale infringement of personal information,we should first ensure the subject of prosecution,which should be made clear by the law.Giving the right of trade association to bring lawsuit within the industry.In addition,we should encourage concerned subject initiating the public interest litigation through incentive mechanism. |
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