Research On The Public Interest Litigation System For Personal Privacy Information Protectio

With the rapid development of network information technology in China,big data technology has been widely used in people’s lives.At the same time,massive personal information has also been illegally collected and utilized on a large scale in the era of big data.While big data technology brings convenience to people,it also brings great hidden dangers to people’s data security.Therefore,how to effectively solve this problem is imminent.The development of Internet enterprises cannot be separated from the support of big data,so it has become a common phenomenon that citizens’ private information is abused.Under this background,the privacy information is present a clustering of infringement cases and the characteristics of mass,in order to gain more and more enterprises illegal personal privacy information collection for the secondary processing or provided to the downstream organization crime,long past form vicious circle,make personal privacy information from gathering phase has a great potential safety hazard to the processing stage,If allowed to develop,it will breed telecommunications network fraud and other downstream crimes,infringe on people’s privacy and endanger people’s property security.Based on this,Article 70 of the Personal Information Protection Law(hereinafter referred to as the "Personal Information Protection Law"),which came into force in November2021,introduced public interest litigation in the field of personal privacy information protection to strengthen the protection of personal privacy information.This article analyzes the judgments of similar cases through the search of public interest litigation for personal privacy information protection,and summarizes three main problems in such cases: unclear identification of "numerous" in the infringement of the information rights and interests of many individuals,unclear civil legal liability after infringement of "numerous" personal information rights and interests,and unclear provisions on the qualified prosecution subject in public interest litigation for personal privacy information protection.To solve the above three problems,firstly,after studying domestic and foreign literature and relevant cases,this article believes that in the face of comparing the determination of "numerous" in cases of infringement on the information rights and interests of many individuals through comparative law with the determination of "numerous" in cases of consumer rights protection public interest litigation,in order to obtain the standard for the number of individuals to sue in public interest litigation for personal privacy information protection.Secondly,whether the punitive compensation system can be applied to public interest litigation for personal privacy information protection is discussed.The academic community generally believes that there are two views on the application of damage compensation,namely the negation theory and the affirmation theory.After analysis and comparison,it is found that the affirmation theory is more in line with China’s judicial practice,and then the application of restorative civil legal liability is demonstrated.Once again,analyze the organizations determined by the People’s Procuratorate,consumer organizations stipulated by law,and national cybersecurity departments,and explore their applicability.Finally,suggestions for improving the public interest litigation system for personal privacy information protection should include the criteria for determining the number of victims of infringement in the conditions for prosecution in protecting social public interests,clarifying the application of the subject of prosecution,improving the civil legal liability for personal privacy information protection public interest litigation,and optimizing the relevant procedures for personal privacy information protection public interest litigation.