Research On Public Private Law Collaboration In Personal Information Protection

Due to the rapid iteration of science and technology and the change in the way information is handled,personal information is often leaked and the risk of infringement of personal information rights is always rising.Therefore,there is an urgent need to improve the protection of personal information,to improve the interface and synergy between public and private law,to function under the same system,and to solve the problems of synergy in order to better protect personal information.Personal information has dual attributes,both personal rights and interests and public interests,which makes it difficult for a single sectoral law to protect it comprehensively.With the introduction of the Personal Information Protection Law in China,it also represents a change in the protection model of personal information in China,i.e.,a synergistic protection model of public and private law with the Personal Information Protection Law and the Civil Code as the main laws.However,the lack of synergy-related supporting measures in the current protection system,as well as the poor articulation between civil and administrative law,civil and criminal law,and administrative and criminal law,has led to a lack of coordination between public and private law.Moreover,the practice also reveals the problems of low cost of personal information violation and insufficient motivation of rights holders to defend their rights,resulting in unsatisfactory effect of personal information rights remedy.In addition,the construction of the supervision system in the collaborative protection is lagging behind,which is mainly manifested by the backward means of supervision of the users of the online platform,the insufficient supervision of the online platform and its own supervision and the insufficient coordination of the supervision of various departments performing the duties of personal information protection,which is not conducive to the protection of the rights and interests of personal information.By analyzing and learning from the highlights of the EU General Data Protection Regulation and the U.S.public-private law synergy protection of personal information,we can improve the synergy protection of public-private law in China.To this end,it is necessary to improve the coordination of public law and private law protection,strengthen the mutual coordination of sectoral laws,and enhance the cooperation between the Personal Information Protection Law and the Civil Code.It is also necessary to introduce supporting measures for the synergy of public and private laws,so as to improve the synergy and systematization of public and private laws in the protection of personal information.In turn,the cost of violating personal information will be increased and the supervision system will be strengthened to reduce the infringement of personal information from the source.