| In order to effectively address the frequent occurrence of personal information infringement incidents,the Standing Committee of the National People’s Congress passed and promulgated the "Personal Information Protection Law" in August 2021.Article 70 of the Law specifies that organizations such as procuratorates and national network information departments,consumer associations,etc.can file civil public interest litigation for personal information protection in local courts,which not only broadens the scope of civil public interest litigation,It also expands the path to protecting personal information.In view of the initial establishment of civil public interest litigation for personal information protection,there must be omissions.Therefore,this article proposes corresponding solutions to the problems existing in the public interest litigation.This article is divided into five chapters,the first chapter is to analyze the reasons for the emergence of civil public interest litigation for personal information protection.Firstly,it elaborates on its conceptual characteristics,and then analyzes the advantages and generation of civil public interest litigation for personal information protection by revealing the shortcomings of major and other relief methods.The second chapter describes the current situation of civil public interest litigation for personal information protection from both legislative and judicial dimensions,and sorts out relevant typical cases to reveal the problems existing in judicial practice.The third chapter is from the necessity and feasibility of improving personal information protection to provide practical and legal basis for civil public interest litigation.The fourth chapter explores the extraterritorial experience of civil public interest litigation for personal information protection with reference to the European Union,the United States,Chinese Taiwan,and Japan.Chapter 5 proposes corresponding optimization paths based on existing problems. |
PDF Full Text Request