In a modern risk-based society,how to effectively prevent the public security risks of personal information through the institutional structure of the judiciary is an important proposition of the rule of law.Dealing with public security risks of personal information through a preventive judi-cial system is not only an active choice to fulfill the national obligation to protect personal informa-tion,but also an objective need to respond to the construction of a governance system for public inter-est risks in a society that protects personal information.The establishment of the preventive civil pub-lic interest litigation for the protection of personal information needs to start from the existing mode of protection,and public enforcement mode and traditional litigation remedial mode in the prevention and control of the public security risks of personal information have some obvious structural defects and cannot provide comprehensive protection for social public interests from personal information.In order to improve the governance system of public interest risks in a society that protects personal in-formation,overall attention should be paid to the trend of transitioning from self-control to public governance,and to promote the extension of protection models from compensatory to preventive sys-tems;at a specific level,it is necessary to gradually establish legal standards for"high risk"and pri-oritize the prosecution as the subject of litigation rights,as well as adjust or update specific rules in areas such as pre-trial procedures,burden of proof,and ways of assuming responsibility.
Protection of Personal InformationPreventive Civil Public Interest LitigationPublic Security Risks of Personal InformationRisk Prevention
万方数据
维普
