The Construction Of Public Interest Litigation System For Personal Information Prosecution Of Natural Persons

Data technology is constantly shaping new features of personal information,making the boundaries,structures,and attributes of personal information of natural individuals wider,more complex,and more diverse in the digital economy era.Combined with the practical impact of the digital economy,new features have emerged in the personal information of natural persons.Firstly,recordability and accessibility are its core elements;Secondly,identifiability,dynamic recognition standards replace traditional identity recognition standards;Third,non anonymity,scene integrity theory,determine the specific connotation of anonymity in specific scenarios.The new characteristics of personal information require that the protection of personal information break through the traditional public relief paradigm and move towards the social protection paradigm.Prosecutorial public interest litigation is an important mechanism for achieving the paradigm of social protection.The public interest attribute of personal information is the legitimate basis for procuratorial public interest litigation to intervene in the field of personal information protection.In addition,Article 70 of the Personal Information Protection Law clarifies the system of personal information protection public interest litigation,making personal information protection public interest litigation an important means of protecting personal information.Compared to issues such as high cost,small amount of subject matter,high difficulty in providing evidence,and long cycle of personal information private interest litigation,personal information protection prosecutorial public interest litigation has many advantages,and the judicial effect is good.In practice,China has been exploring public interest litigation for personal information protection for more than three years,with mature practical accumulation.At present,although personal information protection procuratorial public interest litigation has achieved certain results,there is still significant room for improvement in terms of case types,scope of litigation requests,litigation procedures,and burden of proof.Although Article 70 of the Personal Information Protection Law responds to existing issues,its content is still relatively general and crude,making it difficult to provide guidance for judicial practice.In future judicial practice,the exemplary and leading role of procuratorial public interest litigation can be played by adjusting the order of procuratorial public interest litigation subjects,sharing administrative law enforcement information between administrative agencies and procuratorial agencies,and improving the relevant procedural provisions of the natural person personal information procuratorial public interest litigation system,ensuring that the procuratorial public interest litigation system plays a practical role in the field of personal information protection.