Research On Personal Information Civil Public Interest Litigation System

In the era of big data,personal information has become an important public resource,making the public’s life more convenient,and the use of personal information has become more dynamic under the drive of commercial interests.With the continuous promotion of Internet technology and the continuous strengthening of information processing capacity,the relationship between the use and protection of personal information has become more tense,illegal collection,disclosure,abuse of large-scale personal information and other violations of social public interests continue to appear,and thus triggered increasingly serious downstream crimes.In this context,it is necessary to introduce the public interest litigation system into the field of personal information protection.Article 70 of the Personal Information Protection Law of the People’s Republic of China,effective on November 1,2021,specifies the personal information civil public interest litigation system.It stipulates that "if a personal information handler violates the provisions of this Law by handling personal information and infringing upon the rights and interests of numerous individuals,the people’s procuratorate,the legally prescribed consumer organization or the organization designated by the state cyberspace administration may file a lawsuit with the people’s court in accordance with the law." Including the scope of application and suitable plaintiff subject.From the point of view of the existing personal information civil public interest litigation system,it still belongs to the general and principled provisions of the system.Therefore,in order to build a perfect personal information civil public interest litigation system,this paper takes the basic theory of personal information and civil public interest litigation as the starting point to explore the current situation and shortcomings of the development of personal information civil public interest litigation system.Drawing on the advanced experience of the United States,the European Union,Japan and other countries and regions outside the region,combined with the prevention of tort claims,private enforcement and other relevant theories.Taking the particularity of personal information into full consideration,this paper innovatively proposes the specific improvement path of setting up pre-prosecution procedure so that natural persons can file lawsuits conditionally,expanding the scope of application,and refining the organization of the national network information department stipulated in the current legislation.