Research On The Relief Path Of Personal Information Civil Public Interest Litigation

Personal information has social publicity,contains social public interests,and meets the protection requirements of civil public interest litigation.Article 70 of the Personal Information Protection Law,as an extension of Article 55 of the Civil Procedure Law,connects with each other and solves the problem of legality of civil public interest litigation for the protection of personal information,but the different provisions on the order of prosecution cause conflicts of application.However,the frequent infringement cases of personal information cases,the unequal status of personal information processors and natural persons in information control lead to many risks,and problems such as difficult proof,high cost of rights protection,and small repayment ratio restrict the in-depth development of personal information protection.Personal information protection civil public interest litigation has a natural advantage compared with individual natural persons in terms of cost bearing,proof ability and social impact,and can bridge the unequal status of both sides.Limited by the late start of personal information civil protection,the unification of relevant concepts and the connection of internal systems need to be further improved.The Personal Information Protection Law was promulgated after the promulgation of the Civil Code and was greatly influenced by the compilation of personality rights.In terms of the principle of liability for tort liability and the determination of the amount of damage compensation,the traces of inheriting the provisions of the Civil Code are obvious.It is necessary to further clarify the subject of litigation and the order of prosecution,clarify the responsibility,and clarify the connotation of rights and interests protection.Among them,the meaning of "many" in the infringement of many personal rights and interests is unclear,and the limitation of damage to "actual harm" is not conducive to the rights protection of personal information,nor is it conducive to stopping the illegal behavior of personal information processing.The above inherent problems lead to the failure of the civil public interest litigation for the protection of personal information to play the judicial preventive function,and the difficulty in the identification of the infringing subject and the unclear distribution of responsibility have brought more difficulties in the protection of rights and interests in judicial practice.Personal information protection civil public interest litigation should simplify the pre-blocking procedure,straighten out the main body of the lawsuit,rationally allocate the burden of proof,and explore the establishment of punitive compensation.First of all,we should work hard to optimize the threshold of prosecution and clarify the connotation of rights and interests.Secondly,it is necessary to clearly define the level and scope of consumer organizations stipulated by the law and the organization determined by the national network information department,and clarify the first position of the procuratorial organ.Thirdly,we should follow the principle of fairness and balance to allocate the burden of proof reasonably,and at the same time,connect with the existing legal mechanism,build a three-dimensional protection mechanism,and constantly improve the system guarantee and judicial relief of personal information protection.Finally,in order to increase the illegal cost of personal information processors,punitive damages of 1-3 times can be set up to strengthen the protection of personal information and deter illegal acts.