| Standardizing data information processing activities is the foundation and prerequisite for ensuring data information security.In June 2021,the Supreme People’s Court issued the "Online Litigation Rules of the People’s Court",which required "effective protection of the security of online litigation data information" and established the rights subject status of the people’s court over online litigation data information.At the same time,relevant laws such as the Data Security Law of the People’s Republic of China and the Personal Information Protection Law of the People’s Republic of China have also provided a legal basis for people’s courts to handle online litigation data information activities.Unfortunately,it has been found in the legal norms and judicial practices of the four stages of online litigation data information collection,storage,use,and disclosure that people’s courts have arbitrary collection behavior under the unclear definition of "necessary for legal duties" in the collection process,as well as inadequate performance of obligations caused by unreasonable disclosure rules;In the storage process,the easily tampered nature of electronic data raises doubts about its authenticity,thereby reducing the credibility in judicial practice.In addition,the unclear storage period of data information makes it impossible to establish a reasonable "data retirement mechanism";In the use process,the standards for entrusting third-party technical service providers to use data information still need to be improved,and the liability for infringement of entrusted use is also unclear;In the disclosure process,there are issues such as inconsistent scope of data information disclosure and lack of processing of public video technology during court hearings.In this context,normative analysis and empirical analysis should be used to follow the basic research ideas of raising,analyzing,and solving problems.Based on the clear understanding of the necessity,particularity,and principles of compliant processing of online litigation data information,targeted suggestions should be proposed based on the existing problems in current legislation and judicial practice.In the compliance collection process,clarify the normative connotation of "necessary legal responsibilities",optimize the rule construction of disclosure obligations,and strengthen internal and external supervision,strictly implement the main responsibility of disclosure obligations;In the compliance storage process,leverage the storage advantages of blockchain tamper resistance to ensure the authenticity of electronic data,and construct a classification and hierarchical storage mechanism to clarify storage deadlines;In the process of compliant use,establish entry thresholds for entrusted entities,establish a negative list system for entrusted use,and clarify the division of responsibilities for entrusted use;In the compliance disclosure process,unify the scope of online litigation data information disclosure,and anonymize personal information to achieve the goal value of protection and disclosure.The People’s Court has strong practical significance in ensuring the security of online litigation data information by constructing a full lifecycle compliant processing system for data information.It can not only promote the healthy development of online litigation,but also improve the quality and efficiency of trials and ensure judicial credibility. |
