| With the flourishing development of the data industry,personal information,which is an indispensable part of the underlying operating logic of algorithms,is continuously collected,organized,and classified through various channels.While data brings many conveniences to people,there is a hidden risk of illegal collection and use of personal information.The frequent large-scale platform infringement incidents outside the domain have led to the continuous strengthening of public interest protection of personal information in China,and the unclear legal provisions have caused confusion and constraints in practical operations.This article explores the gaps and regulatory blind spots in the practice regulations ofcriminal incidental civil public interest litigation and consumer protection public interest litigation by examining representative and large-scale personal information protection public interest litigation cases in Guangdong province.It also uses this as the center to radiate overall thinking on the mechanism for resolving public interest litigation cases related to personal information protection.Through an examination of the current practical situation,the article observes that there are problems with the single type of infringement behavior,the virtualization of pre-trial procedures,and the confusing application of litigation claims in personal information protection public interest litigation.The root cause of these problems lies in the fact that China’s legislation is still incomplete,the subject and priority of litigation need to be clarified urgently,litigation claims are scattered and vague,and there is poor connection between private interest and public interest litigation.By comparing and analyzing foreign systems,the article proposes that the personal information protection public interest litigation system should correct the deviation between the legislative and practical subjects,clarify the scope of cases accepted for personal information protection public interest litigation and determine the applicable forms of litigation claims,and standardize the amount and management of compensation.In terms of the details of the procedure,it is necessary to further enrich the rules for allocating the burden of proof in the litigation process,reasonably allocate the litigation costs,clarify the positioning and priority of litigation subjects,and refine the rules for mediation and withdrawal during litigation,ultimately achieving the improvement of the personal information protection public interest litigation system. |
