Illegal processing of personal information may give rise to both administrative and civil liability.It is neces-sary to construct a mechanism to bridge the two types of liability.Under the framework of China's Personal Information Pro-tection Law,the civil liability for illegal processing of personal information should be limited to restoring and remedying civil rights and interests of individuals,and the convergence between administrative supervision and infringement litigation should be aligned with such division of labor.In order to promote consistency in the level of personal information protec-tion,effectively coordinate resources and tools for public and private enforcement,and actively involve individuals in col-laborated data governance,the coordination of decisions should follow a sequence of"administrative regulation-infringe-ment lawsuit".To achieve that end,an overall plan of"guiding preliminary administrative procedure"rather than"man-datory prepositive administrative procedure"should be adopted.On the one hand,institutional incentives and information prompts should be used in the dimension of source articulation to promote individuals to file a"subsequent litigation".On the other hand,if regulatory agencies have not made a decision but individuals file an"independent lawsuit",the informa-tion communication and procedural coordination between the administrative regulation and the civil litigation should be pro-moted from the process connection dimension.
public enforcementprivate enforcementstate duty to protectpersonal information protection
万方数据
维普
