| The advent of the big data era has greatly improved the commercial value and public management value of citizens’ personal information,but it also makes the security of citizens’ personal information face unprecedented risks,and the protection of citizens’ personal information faces more and more challenges.Facing the increasingly severe situation of personal information protection in the era of big data,the existing legal protection means of personal information are quite weak.In order to strengthen the legal protection of personal information,some local procuratorial organs try to protect personal information by means of procuratorial administrative public interest litigation,which has achieved good social results.On August 20,2021,Personal Information Protection Law of the People’s Republic of China was officially promulgated,Article 70 of which explicitly incorporated personal information protection into the legal field of procuratorial administrative public interest litigation,and established the personal information procuratorial administrative public interest litigation system at the legal level.However,the establishment of the system is not the end point,and the goal is that the preset function of the system can be fully realized through practical operation.Article 70 of Personal Information Protection Law of the People’s Republic of China is only a principled provision on the system of personal information procuratorial administrative public interest litigation.In order to fully realize the preset function of the system,it is also necessary to further improve the substantive and procedural rules of personal information procuratorial administrative public interest litigation in combination with existing practical experience,including the source of clues,filing conditions,prosecution standards,program design,etc.Based on this realistic background,this paper takes the personal information procuratorial administrative public interest litigation system as the research object,and puts forward some suggestions to improve the specific rules of personal information procuratorial administrative public interest litigation on the basis of examining its legitimacy and existing practical experience,in order to provide useful ideas for the proper and effective operation of personal information procuratorial public interest litigation system.The first part is the legitimacy of personal information procuratorial administrative public interest litigation.The legitimacy of personal information procuratorial administrative public interest litigation is reflected in the necessity and feasibility of establishing personal information procuratorial administrative public interest litigation system.The necessity of establishing personal information procuratorial administrative public interest litigation system is that it can form a joint force with the existing means of personal information protection to jointly realize the careful protection of citizens’ personal information.The feasibility of establishing personal information procuratorial administrative public interest litigation system lies in the theoretical feasibility of using procuratorial administrative public interest litigation means to protect personal information;The textual interpretation of the provisions of procuratorial administrative public interest litigation and the encouragement of the standing committees of local people’s congresses also provide a sufficient legal and policy basis for bringing personal information protection into the scope of application of procuratorial administrative public interest litigation.The second part is the practice and problems of personal information procuratorial administrative public interest litigation.Through the magic weapon of Peking,the official website of the Supreme People’s Procuratorate and other websites,a total of 12 personal information procuratorial administrative public interest litigation cases were collected,of which 8 were typical cases published by the Supreme People’s Procuratorate.Through the analysis of the above cases,it can be found that using procuratorial administrative public interest litigation to protect personal information can achieve good social results,but personal information procuratorial administrative public interest litigation also exposes many problems in practice.For example,in the stage of pre litigation procedure,there are some problems,such as single source of clues,unclear filing conditions,nonstandard consultation procedures and so on;In the stage of litigation procedure,some important litigation rules,such as the rule of prosecution time limit and the rule of prosecution standard,have normative gaps and ambiguities.These problems show that there is still a large room for optimization of the personal information procuratorial administrative public interest litigation system.The third part is the countermeasures to improve the pre litigation procedure of personal information procuratorial administrative public welfare.As for the improvement of the pre litigation procedure of personal information procuratorial administrative public interest litigation,we should first promote the diversification of clue sources and strengthen public participation by improving the clue reporting reward mechanism;Secondly,we should clarify the situation of accepting the case,and promote the concretization of the filing conditions,so as to facilitate the smooth start of the pre litigation procedure;Finally,we should promote the standardization of consultation procedures by improving the rule design of consultation procedures,so as to give full play to the diversion of complexity and simplicity of consultation procedures.The fourth part is the improvement of the litigation rules of personal information procuratorial administrative public interest litigation.The perfection of litigation rules of personal information procuratorial administrative public interest litigation includes the perfection of prosecution time limit rules and prosecution standard rules.In terms of the improvement of the prosecution period rules,it should be clear that the personal information procuratorial administrative public interest litigation needs to be limited by the special prosecution period rules,and make reasonable arrangements for the specific contents such as the starting point and duration of the special prosecution period.As far as the improvement of the standard rules of prosecution is concerned,it should clearly identify that the administrative organ “does not perform its duties according to law” needs to adopt the standard of conduct,and make provisions on the reasons for exemption from prosecution for the administrative organ’s failure to perform its duties. |
