Research On Public Interest Litigation Mechanism For Personal Information Protection

With the rapid development of Internet technology and big data technology,the application of personal information resources has brought convenience to all aspects of people’s life and created power for the society.However,the infringement of personal information is increasingly widespread,which shows the characteristics of large-scale,whole-process and hidden,and leads to fraud,extortion,theft and other related crimes.There are limitations in the legal protection of personal information in China.In terms of criminal protection,criminal law is late in stopping personal information infringement,and it is difficult to combat new personal information infringement such as algorithmic discrimination.In terms of administrative protection,the administrative department is one of the main subjects of infringing personal information,and it still needs external legal supervision.In terms of civil protection,there are few cases of civil rights protection and the winning rate is low.The civil law protection is difficult to achieve effective relief.In the reality of serious personal information infringement,the personal information protection public interest litigation has strengthened and supplemented the current criminal,administrative and civil protection,so it is the direction of improving the legal protection mechanism of personal information.The public nature of personal information fits the design purpose of the public interest litigation mechanism.Meanwhile,laws such as the Personal Information Protection Law,Administrative Procedure Law and Civil Procedure Law provide legislative support for the public interest litigation mechanism of personal information protection,and the current abundant judicial practice of public interest litigation also provides an empirical basis.In this paper,the Supreme People’s Procuratorate’s personal information protection public interest litigation case is the research sample.There are some problems in the administrative public interest litigation of personal information protection,such as the difficulty in guaranteeing the quality of procuratorial suggestions,the unclear nature of written reply,and the defects of post-supervision mechanism.There are also some problems in the civil public interest litigation of personal information protection,such as unclear subject order and lack of punitive compensation system.Finally,this paper puts forward suggestions to improve the procuratorial suggestion mechanism,determine the prosecution order,establish the punitive compensation system and so on,hoping to provide some thoughts for the improvement of the public interest litigation system of personal information protection in China.