Research On The Construction Of Civil Public Interest Litigation System For Personal Information Protection

The era of big data has brought a convenient life to the public,and the use of personal information driven by business is more dynamic than ever in the past.The relationship between information utilization and information protection is becoming more and more tense,and large-scale personal information is illegally collected,disclosed,abused,and other phenomena that infringe upon the public interest are increasingly serious.Comfortingly,the Fourth Plenary Session of the 19 th Central Committee proposed to “expand the scope of public interest litigation cases”,and the "Law of the People"s Republic of China on Personal Information Protection(Draft)" has been published in full.Among them,Article 66 clarifies that a personal information protection public interest litigation system will be established at the legal level.Moreover,social organizations and procuratorates have also launched preliminary explorations,but the results are not satisfactory,and related problems have been highlighted.Then,considering that the existing personal information legal protection system is relatively complete.Especially,there is already a consumer civil public interest litigation system.So,is it still necessary to construct this system? Are the feasibility conditions already in place? More importantly,when the draft stipulates this system in principle,how to build this system concretely in the future? It is still controversial and blank in research,this article has carried on the thorough demonstration to these problems.Therefore,it is of great significance to explore a high-quality personal information protection law that conforms to my country’s basic national conditions and is in line with international standards.The full text is divided into four chapters.The first chapter is the relevant basic theories and main content of the personal information protection civil public interest litigation system,provide the necessary background knowledge for a deep understanding of this system.The second chapter is the exploration case of the relevant practice of the civil public interest litigation for the protection of personal information.Analyzed the main problems highlighted in the exploration of this system.The third chapter is about the necessity and feasibility of constructing a civil public interest litigation system for personal information protection.The necessity is specifically discussed from the actual needs of protecting the public security interests of the information society and the inevitable requirements for improving the existing personal information legal protection system;The feasibility is specifically analyzed from the basis and foundation of constructing this system.The fourth chapter is a path suggestion for constructing a civil public interest litigation system for personal information protection.Specifically,from the four aspects of expanding the qualifications of litigation subjects,rationally distributing the burden of proof of infringement,application of punitive damages system,and reducing the pressure of litigation costs,put forward my legislative suggestions for the future construction of a civil public interest litigation system for personal information protection.