In the era of big data,the protection of citizens'sensitive personal information is in the predicament of"subjectivity weakening"relief.Article 70 of the Law of the People's Republic of China on the Protection of Personal Information establishes the People's Procuratorate as the subject of public interest litigation for sensitive personal information,taking advantage of the more maturely developed public interest litigation system of the procuratorate to intervene in the protection of sensitive personal information.However,because the system has only been in place for a short period of time,there are many problems with the existing provisions,such as unclear provisions on the procedural order of the subject of the right,vague rules for the judicial determination of sensitive personal information,and ambiguous norms for the amount of compensation and the specific distribution method.In order to solve the above problems,it is possible to establish the priority of the procuratorial authorities in public interest litigation concerning sensitive personal information,to establish a judicial determination standard based on the calculation of person-times and the verification of the authenticity of the information involved in the case on an article-by-article basis,to add a litigation model of a precautionary system,and to optimise the way in which compensation is allocated to the public good with the aim of providing the system of procuratorial public interest litigation concerning sensitive personal information with a new way of thinking and a new way of efficiently operating it.
关键词
敏感个人信息/检察公益诉讼/诉讼主体序位/司法认定规则/赔偿额分配
Key words
Sensitive Personal Information/Prosecutorial Public Interest Litigation/Precedence of the Subject of the Proceedings/Judicial Determination of Rules/Allocation of Compensation
维普
万方数据