Research On The Judicial Application Of Personal Information Civil Public Interest Litigation

In the context of the rapid advancement of information technology and the digital economy,digitized personal information highlights increasingly important economic and social value,which is closely related to the personal and property rights carried by personal information.Under the premise of protecting the personal information rights and public interests of information subjects,personal information civil public interest litigation has emerged due to the limitations of low returns,long time consumption,and difficulty in responding to social expectations,The Personal Information Protection Law of the People’s Republic of China,which came into effect on November 1,2021,officially grants the right of relevant personal information public interest litigation plaintiffs to file personal information civil public interest litigation through law.However,due to the lack of corresponding supporting judicial interpretation in the civil public interest litigation of personal information,there are problems in the judicial practice that the prosecution conditions and claims have not been unified.The differences and differences in the understanding of the civil public interest litigation of personal information in judicial practice lead to the inability of the court to form a unified judgment standard at the trial stage.Therefore,this paper tries to summarize and analyze three typical cases selected,To propose effective and feasible suggestions for the construction of personal information civil public interest litigation system.This article is divided into four parts:The first part is an introduction,which introduces the research background and significance of this article,summarizes the current research status,and proposes the research methods of this article.The second part is a case introduction,which starts with three typical cases of personal information civil public interest litigation announced by the Supreme People’s Procuratorate.It summarizes the main problems currently existing in personal information civil public interest litigation and extracts the controversial and legal issues of the above cases.The third part is a legal analysis,focusing on the theoretical analysis of the controversial focus and legal issues extracted from the previous text.Firstly,it analyzes the "public interest damage" in personal information civil public interest litigation;Secondly,summarize and analyze the application of "damage compensation" liability in civil public interest litigation of personal information;Finally,determine the necessity of applying non property liability in personal information public interest litigation.The fourth part is the research conclusion and inspiration.Based on legal analysis,suggestions are made for the construction of the personal information civil public interest litigation system.Firstly,the results of the survey questionnaire are used as preliminary evidence to optimize the personal information civil public interest litigation litigation procedure;Secondly,enrich the connotation of the Cause of action for damages and establish a special fund for private information civil public interest litigation to manage and operate the compensation;Finally,optimize and explore the ways of assuming responsibility in civil public interest litigation for personal information.