On the Scope and Order of Plaintiffs in Civil Public Interest Litigation for Personal Information Protection
Since the implementation of civil public interest litigation for personal information protection in China,there has been significant controversy between the theoretical and practical circles regarding the prosecution subject of such litigation,mainly focusing on the definition of scope and the sequence of the right of action.Although Article 70 of the Personal Information Protection Law stipu-lates the subject of litigation in such cases,the problems of unclear scope of prosecution subject and unclear sequence of the right of ac-tion have not been completely solved.To implement this system correctly,it is necessary to disqualify the"departments responsible for personal information protection"from filing a lawsuit,expand the scope of"consumer organizations stipulated by law",clarify the con-ditions for"organizations determined by the national cyberspace information department",and clarify the sequence of the right of action of different prosecution subjects based on Article 58 of the Civil Procedure Law and the relationship among different types of civil public interest litigation.When the victim of infringement is an ordinary citizen,the supplementary nature of the civil public interest litigation rights of the procuratorial organs should be respected,and the prosecution of"organizations determined by the national network infor-mation department"should be placed before the procuratorial organs.When the victim is a large number of consumers,the special iden-tity of the victim should be taken into consideration,and the right to sue should be exercised sequentially by"consumer organizations specified by law","organizations determined by the Internet information department"and the procuratorial organ in turn.
personal information protectioncivil public interest litigationprosecution subjectthe order of the litigation rights
NETL
NSTL
万方数据
维普
