Study Of The System Of Civil Litigation For Public Good Concerning The Protection Of Personal Information

Being a specific law for guaranteeing information security,the Law of Protecting Personal Information takes protecting the rights and interests of personal information and regulating the activities for handling personal information as the core,and aims to realize the balance between protecting the rights and interests of personal information and reasonable utilizing personal information.The stipulation of Article 70 of this law indicates that the guaranteeing mechanism for civil litigation for public good concerning personal information has been formally established in our county.This article can be considered as a powerful weapon to protect the security of personal information of citizens and maintain the security of information network.In this thesis,the author holds that the scope of accepting cases concerning personal information should be expanded.Based on this,the protection scope of litigation should be broadened,and the position and sequence of the subjects proper to filing litigation should be divided and defined so as to strengthen the power to safeguard rights and stimulate the enthusiasm of society.In addition,the scope of the defendants should be defined clearly to establish the standard for placing a case on file and allocate judicial resources reasonably.What’s more,the principle of inverting the burden of proof should be intensified to expand the scope of damages items.The amount of compensation should be increased and the system of punitive damages should be set up to protect the rights and interests of the disadvantaged and to awe lawbreakers as well.The author suggests that a specific law of litigation for public good be issued in order to embody the uniqueness of the litigation for public good and solve the inconsistent standards in practice.Then,the system for awarding the winning of case should be established to encourage all subjects to set up a clean environment of information together.And then,a special fund should be established to provide solid backing for the development of information protection.Finally,the awareness of both enterprises and persons for protecting information should be intensified so as to prevent the infringement upon information from the beginning and to form a well knit system of civil litigation for public good concerning personal information.