Research On Public Interest Litigation System For Personal Information Protection

Personal information is a prominent and important component of massive data in the era of big data.Personal information carries personal interests and property interests.The progress of science and technology has changed the storage and analysis methods of personal information in the era of big data,and information processors can analyze data more easily.Especially under the impetus of digital economy,the application scope of personal information is expanding to all aspects of life,and information subjects have launched an "information battle" for instinctive profit.In contrast,the information subject is slightly weak,and its security is facing enormous challenges.From the point of view of substantive law,China's Personal Information Protection Law is in a state of absence,which fails to protect personal information in a direct and reasonable way.At the same time,from the perspective of indirect protection,in view of the characteristics of personal information,private interest litigation has no way to meet people's relief needs,with high economic cost,high time cost and low income,which makes the infringement time and time again go away,allowing some illegal acts of infringing personal information.It not only led to some tragedies and bad results,but also threatened the foundation of social trust.Therefore,it is urgent to find a powerful relief for personal information protection.In this era when the role of information is becoming more and more prominent,the private interest litigation of personal information protection is not filed for various reasons,or the private interest litigation of personal information protection cannot protect people who have suffered large-scale infringement of personal information.Therefore,under this background and situation,it is necessary to introduce public interest litigation into the field of personal information protection.From the existing typical cases of personal information protection,public interest litigation has inherent advantages in solving this stakeholder-type infringement of personal information.The public interest litigation of personal information protection has its legitimacy and rationality,whether from the aspects of legislation or judicial practice.In addition,other countries and regions have similar relief models for our reference.We should fully combine the characteristics of large-scale personal information infringement in China and the advanced and intentional experiences of other countries and regions,and fully apply the 55 articles of public interest litigation in China's Civil Procedure Law to personal information protection.