Research On Civil Public Interest Litigation On Personal Information Brought By Procuratorial Organs

After personal information processors use big data technology to collect and process massive amounts of personal information,the new legal benefits derived from the aggregation of "small and scattered" personal information rights and interests contain huge social and economic values,and have become an important driving force for economic and social development.The long-standing absence of norms to protect the public interest in personal information has led to numerous cases of large-scale infringement of citizens’ personal information for illegal profits.The infringement of personal information is often difficult to detect and involves a wide range of crimes with low criminal costs,while private subjects have limited power to defend their rights and interests,so there is a practical urgency for procuratorial authorities to initiate civil public interest litigation on personal information.Article 70 of the Personal Information Protection Law formally establishes a civil public interest litigation system for the prosecution of personal information,thereby establishing the basic institutional framework for the protection of personal information.However,the protection of personal information is a new area of civil public interest litigation,and the legal provisions relating to it are still relatively abstract and principled,and the system is not yet adequately supplied,which has led to the system not operating smoothly.In addition,the procuratorial authorities have not accumulated enough practical experience,which has a negative impact on the realization of the value of the civil public interest litigation system for personal information.Therefore,this article discusses the problems that procurators may face in the process of bringing civil public interest litigation on personal information from the perspective of procuratorial authorities,in four chapters,with a view to promoting the uniform application of various standards and procedures in civil public interest litigation on personal information and ensuring that public interest litigation can be brought smoothly.The first chapter defines the significance of the article,which is to refine the relevant provisions of the civil public interest litigation on personal information and to balance the legal interests of personal information security and the free flow of data;the article mainly uses literature research,comparative research and empirical analysis to study the issue of civil public interest litigation on personal information brought by the procuratorial organs.The second chapter provides a general introduction to the civil public interest litigation system for personal information,firstly defining the basic concept of civil public interest litigation for personal information.The second chapter identifies the civil public interest litigation of personal information as a special field of civil public interest litigation,which has the characteristics of a public interest object,a dominant subject of litigation,and a balance between prior prevention and post-event relief.Finally,it explains the value of civil public interest litigation for personal information as a way to eliminate the unequal status between individuals and information processors,make up for the inadequacy of public law protection and consumer civil public interest litigation,and more comprehensively protect personal information security.The third chapter introduces the emergence and evolution of the legal basis for civil public interest litigation of personal information,and summarises and analyses the practice of procuratorial authorities in public legal documents in the light of empirical cases of civil public interest litigation of personal information,The system’s operation is characterised by ambiguity in the concept of public interest,over-reliance on the civil procedure as an adjunct to criminal proceedings,lack of clarity in the jurisdiction of cases,lack of clarity in the prosecutorial hierarchy,and the lack of a pre-litigation notice procedure,as well as the single type and content of claims.The forth chapter compares the public interest litigation systems of several typical overseas countries,with a view to complementing their strengths and weaknesses and finding the best way for the procuratorial authorities in China to initiate civil public interest litigation on personal information.The fifth chapter proposes a path to improve the problems of civil public interest litigation on personal information brought by procuratorial organs,taking the reasonable definition of public interest in personal information as the starting point,optimising the choice of case types,improving the setting of procuratorial powers of action,clarifying the subordination of procuratorial organs to prosecution,regulating the pre-litigation procedures of civil public interest litigation on personal information,and exploring the introduction of diversified litigation requests.