Research On The Civil Public Interest Litigation System For Personal Information Protection

Large-scale clustering of personal information in the context of the internet has acquired a public interest attribute,and remedial measures aimed only at private interests can no longer meet the current needs.It is increasingly necessary to include it in the framework of civil public interest litigation for protection.Article 70 of the "Personal Information Protection Law" for the first time stipulates the civil public interest litigation system for personal information protection.However,due to the lack of detailed regulations and implementation guidelines,the implementation of this system varies in different regions,resulting in many problems that hinder the standardized operation of the system.Therefore,it is necessary to explore the current situation of civil public interest litigation for personal information protection and analyze the problems,and based on this,propose reasonable suggestions,which is the duty to establish the civil public interest litigation system for personal information protection in China.This article consists of four parts.Part 1: A Study on the Overview of Civil Public Interest Litigation System for Personal Information Protection.This section clarifies the concepts of personal information and civil public interest litigation and then elaborates on the connotation of the civil public interest litigation system for personal information protection.As for its characteristics,the civil public interest litigation system for personal information protection has the dual functions of protecting the public interests of the protected objects and the dispersed subject rights,as well as both preventive and remedial functions.In terms of theory,the system is based on the state’s obligation to protect,public participation,and the implementation of the right to sue.In terms of functions,the civil public interest litigation system for personal information protection is helpful in protecting social interests,strengthening the protection of personal information rights and interests of individuals,and promoting the compliant use of personal information.Part 2: A Study on the Current Status of the Civil Public Interest Litigation System for Personal Information Protection.This section examines the current legislative status,including laws and judicial interpretations,as well as some typical local regulations.At the same time,the judicial status is analyzed and discussed from five aspects: the acceptance of cases,forms of infringement,distribution of jurisdictional courts,subject situations,and types of litigation requests.Part 3: Research on Problems Existing in the System of Civil Public Interest Lawsuits for Personal Information Protection.In this section,starting with the scope of acceptance,it is pointed out that the current system of civil public interest lawsuits for personal information protection mainly suffers from unclear scope of acceptance,lack of jurisdictional rules,ambiguous scope and priority of the parties,non-standardized types of litigation claims,and difficulty in investigating and collecting evidence.The causes of each problem are analyzed and discussed in detail.Part 4: Study on Suggestions for the System of Civil Public Interest Lawsuits for Personal Information Protection.In this section,targeted solutions and suggestions for constructing the system are proposed based on the internal causes of the problems mentioned in Part 3.Regarding the unclear scope of acceptance,it is suggested to clarify the scope of personal privacy and personal information cases respectively and strengthen the remedy for cases that may cause harm or danger.To address the lack of jurisdictional rules,it is suggested to establish uniform jurisdictional rules for cases at different levels and reasonably determine geographical jurisdiction.Regarding the scope and priority of the parties,it is proposed to first clarify the scope of the plaintiff’s qualification and then determine the priority relationship among them.To standardize the types of litigation claims,it is suggested to explore specific types of litigation claims by drawing on the experience of other types of public interest litigation and to determine scientific standards for calculating compensation by learning from Japan’s experience.Finally,to address the problem of difficulty in investigating and collecting evidence,it is suggested to introduce professional personnel and institutions and enhance the rigid investigation and verification rights of the plaintiff.