Research On Procuratorial Public Interest Litigation Mechanism For Personal Information Protection

In the era of big data,personal information infringement is rampant,and personal information rights and interests have broken through the traditional private interest attribute,with certain public and social attributes.In addition,the current technical means of personal information infringement are complex,highly covert,and citizens’ insufficient cognitive abilities and unequal status make it difficult to effectively control and protect personal information.Therefore,the value of personal information protection procuratorial public interest litigation is reflected.Article 70 of the Personal Information Protection Law also provides for public interest litigation for personal information protection.The procuratorate can initiate public interest litigation for personal information protection as the primary subject of prosecution,providing a theoretical basis for procuratorial organs to initiate public interest litigation for personal information protection.However,in the specific judicial practice,the procuratorial public interest litigation for personal information protection is still in the stage of practical exploration,and the relevant mechanisms are not perfect enough,facing some specific difficulties.In order to ensure the smooth flow of the public interest litigation mechanism for personal information protection,combined with judicial practice,and give suggestions for improvement.Before proceeding,first,it is necessary to strengthen the illegal line and expand the channels for discovering clues.Not only can organizations and citizens file complaints to discover clues,but also can relevant media reports and publicity,and share law enforcement information with administrative law enforcement units to discover clues to cases.Secondly,clarify the relationship between procuratorial organs and other prosecution subjects.As a statutory supervision institution and a guarantee of professional talents and material resources,procuratorial organs should have specific advantages.Third,clarify the functional positioning of public interest litigation for personal information protection.The two functions of public interest litigation are to deter offenders and compensate victims.Implement a punitive compensation system,increase penalties for personal information violations,increase the cost of violating the law,and balance the unequal status of users in the field of personal information protection.In the litigation process,first,improve the jurisdiction system.In order to avoid the situation of "Jiulong Water Control",delimit the scope of jurisdiction based on the geographical distribution pattern,personnel composition,and social interest damage size of cases of infringement of personal information,and then explore the establishment of a jurisdiction system that is appropriately separated from administrative divisions to make reasonable arrangements for the jurisdiction of personal information public interest litigation;Second,establish withdrawal rules.In personal information protection procuratorial public interest litigation,if all litigation requests are realized,the prosecution can be withdrawn.The withdrawal time runs through the entire litigation process,and the right of public intervention needs to be strengthened during the mediation process.Third,improve the evidence system and strengthen the investigation and evidence collection mechanism of procuratorial organs.Personal information cases are highly professional and technical,and may face numerous barriers in the investigation and evidence collection process.They only provide for the investigation and cooperation obligations of relevant administrative organs,other organizations,and citizens in principle,while the investigation and verification power lacks relevant supporting norms,making it difficult to carry out the investigation and verification work.The procuratorial public interest litigation investigation and verification authority should actively expand non mandatory means,as well as add liability clauses for non cooperation in the investigation.Fourth,the introduction of the expert assistance system to provide support for issues related to strong technical and high professional barriers in procuratorial proceedings.In terms of legal liability in public interest litigation,first,improve relevant supporting facilities,and implement the inversion of the burden of proof.In order to achieve a balance between attack and defense in civil evidence in the trial,maximize substantive fairness,and ensure the realization of civil public interest,personal information protection and public interest litigation need to be redistributed in a reasonable,fair,and impartial manner.Second,the implementation of a punitive compensation system,personal information damage has intangible,uncertain,difficult to quantify and other characteristics,especially in the absence of downstream infringement.In addition,it is difficult to restore personal information to its original state after it is leaked in the network environment,which is irreversible.Adopt a punitive compensation system to increase the illegal costs of illegal subjects and strengthen punishment.Finally,establish a special fund system to strengthen the protection of personal information prosecution public interest litigation through financial support.It can also promote the enthusiasm of all parties in safeguarding their rights.Personal information protection includes social and public interest attributes such as network information security,public order,and the tranquility of many individuals’ lives.It is important for personal information protection to include personal information protection in the scope of public interest litigation for inspection,improve the system of public interest litigation for personal information protection,and build a firewall for personal information protection.