The current public interest litigation for personal information protection mainly relies on a relatively single post-incident compensatory relief,which makes it difficult to effectively harmonize the damage relief model with the public interest protection of personal information due to the irreversible nature of infringement of personal information. The causes of the generalized application of the damage relief model are mainly due to the modesty of the intervention of public interest litigation,the constraints of the application of tort liability,and the complementary nature of risk prevention principles. Based on the principle of risk prevention,proactive preven-tion of potential personal information risks within the legal framework is implemented from a prospective per-spective. The risk prevention model is justified from three aspects:standardization,feasibility,and superiority. To effectively prevent personal information risks and stop public interest damage from personal information at source,a system of public interest litigation for personal information protection in which the modes of remedial and preventive protection coexist is constructed by clarifying the criteria for defining major risks,adhering to a rational allocation of proof responsibilities,and refining the determination of litigation rights.
personal informationpublic interest litigationrisk prevention principlesdamage relief
维普
万方数据
