| Administrative punishment is an important means used by administrative organs in administrative management,and plays an irreplaceable role in promoting stable social development,and the determination of administrative punishment jurisdiction is the premise of administrative punishment,so in order to safeguard national interests,promote social fairness and justice,and protect the legitimate rights and interests of citizens,it is necessary to make a reasonable allocation of jurisdiction.The advent of the era of big data has made personal information a social resource with valuable attributes,and the ensuing cases of personal information violations have also occurred frequently.The Personal Information Protection Law of the People’s Republic of China,enacted in 2021,is a special law in the field of personal information protection and is of epoch-making significance,and Article 66 of the Law stipulates that personal information violation cases shall be regulated by means of administrative penalties.The traditional basis for determining the jurisdiction of administrative punishment cases is generally the Administrative Punishment Law of the People’s Republic of China,but due to the particularity of personal information violation cases,the existing jurisdiction rules have encountered difficulties when imposing administrative penalties on such cases.Although the Procedural Provisions of the Cyberspace Administration Department on Administrative Law Enforcement Procedures promulgated in March 2023 provide preliminary clarification on the jurisdiction of administrative penalties for personal information,the provisions of the department’s rules are still insufficient to solve the problem of jurisdiction in actual law enforcement.The simultaneous application of multiple laws and the parallel enforcement of different administrative organs have led to jurisdictional disputes;The transmission of personal information through virtual space makes it impossible to determine the "place where the illegal act occurred",resulting in territorial jurisdiction disputes;The relatively rough provisions of the law have led to disputes over the level of jurisdiction;At present,the existing jurisdictional dispute resolution system is not very operable.In this regard,this paper first defines the concept of administrative punishment for personal information and its jurisdiction,secondly sorts out the existing jurisdiction rules and points out the dilemma of their application in personal information violation cases,then establishes the basic requirements for the allocation of personal information administrative punishment jurisdiction,and finally puts forward suggestions for improving jurisdiction according to the characteristics of personal information violation cases.Establish functional jurisdiction rules with the internet information department as the main and other departments as the supplement,specifically including using the internet information department as the leading authority for administrative punishment of personal information,clarifying the administrative law enforcement authority of each functional department,and establishing a comprehensive law enforcement mechanism for multi-party coordination;Take "domicile of the offender" as a special territorial jurisdiction rule and clearly define the "place where the illegal act occurred";Quantitative level of jurisdictional allocation standards,determine the municipal level as the main jurisdiction level for personal information administrative punishment,and further distinguish different jurisdictional levels according to the circumstances of violation and the enterprise level. |
