Research On China’s Personal Information Protection In Civil Public Interest Litigation System

August 20,2021,the 30 th meeting of the Standing Committee of the13 th National People’s Congress deliberated and passed the Personal Information Protection Law of the People’s Republic of China(hereinafter referred to as the "Personal Information Protection Law"),which clearly stipulates public interest litigation as a remedy for the protection of personal information at the legislative level.Article 70 of the PIPL stipulates: Where personal information processors process personal information in violation of the provisions of this Law and infringe upon the rights and interests of many individuals,the people’s procuratorates,consumer organizations prescribed by law,and organizations determined by the state internet information department may file a lawsuit in the people’s court in accordance with law.Based on the above legal provisions,we can define civil public interest litigation for personal information protection as: a lawsuit filed by a specific organ or organization in accordance with the law,in order to protect the rights and interests of many personal information,against the personal information processor that violates laws and regulations and infringes on the rights and interests of personal information to the people’s court and requires him to bear civil liability,and the court adjudicates it in accordance with the civil procedure.In the era of digitalization,people are facing the risk of "running naked" on the Internet,the huge potential value of personal information makes its use more attractive than ever,and the relationship between the protection and use of personal information is becoming more and more tense.Based on this background,civil public interest litigation on personal information protection is particularly important.The PIPL clearly stipulates at the legislative level that civil public interest litigation has become a remedy for personal information protection,and civil public interest litigation for personal information protection can overcome the dilemma of unequal strength and high cost of rights protection between individuals and information processors in private interest litigation,and can also make up for the limitations of administrative remedies,criminal protection and other existing public interest litigation.However,civil public interest litigation for personal information protection is a new field after all,and the relevant legal provisions are too simple,resulting in poor operation of the system and unreasonable points in actual operation.This paper mainly explores and discovers the problems of this system by analyzing relevant judicial cases,such as unclear ranking and qualifications of litigants,unclear threshold conditions for public interest litigation,unreasonable allocation of burden of proof,unclear burden of proof and damages,difficulties in identifying infringing entities,and lack of relevant supporting systems This needs to be improved.At the same time,problem-oriented,suggestions for improving the civil public interest litigation system for personal information protection are put forward.Specifically,from the aspects of clarifying the subject of litigation,clarifying the order of the subject of litigation,reasonably allocating the burden of proof and damages,and establishing supporting systems such as punitive damages,it will contribute to the improvement of China’s legal system related to personal information protection.