On Administrative Public Interest Litigation On Personal Information Protection

Currently,it is in the era of information explosion.The collection and use of information has brought great economic benefits,but at the same time the field of personal information protection is also problematic.It involves all walks of life,many fields,and is closely related to the life of each of us.In 2021,the Personal Information Protection Law was enacted and implemented,indicating that a public interest litigation system for the protection of personal information can be proposed.However,there is no clear provision on its type.An analysis of the existing cases in practice shows that the percentage of administrative public interest reading litigation for personal information is higher than that of civil public interest litigation.The preliminary results have been achieved,but there are also many shortcomings.For example,the scope of the case is not clear,there is no unified standard for the identification of public interest,and there is no clear division between personal information and privacy.The sources of information are narrow,and the preventive nature of administrative public interest litigation has not been fully realized,and it is more inclined to remedy afterwards.As an administrative organ that has the responsibility to supervise and handle personal information,the division of responsibilities is not clear enough,which makes it difficult to identify the responsibility afterwards.The cross-field and composite diversity of personal information also makes it difficult to divide responsibilities and handle cases across regions in practice.For cases where the pre-litigation procedure did not achieve good results,there is also a lack of follow-up litigation system to connect.The problems in practice,combined with the existing legal system,can be found from the following aspects to find a solution.First,the natural institutional advantages of administrative public interest litigation are not reflected in the field of personal information protection.On the one hand,it is necessary to expand the sources of clues for cases,and on the other hand,strengthen the investigation and evidence collection ability of the procuratorial organs,and give them compulsory power and technical support when necessary.To address the problem of unclear scope of cases in practice,set clear standards for public interest in personal information protection,while distinguishing between personal information and privacy.To clarify the responsibility of administrative organs as the regulator of personal information and the processor of personal information,and to correspond to the division of the respective burden of proof.Further optimize the current pre-litigation procedure,which is widely used,and make a good connection with the subsequent litigation procedure.The special issues in the litigation procedure will also be implemented and fixed.It is also necessary to make sure that there are reasons and laws to follow.