Dilemma and Solution: On the Prosecution Subject of Civil Public Interest Litigation for Personal Information Protection

Abstract

Combined with the judicial practice of personal information protection civil public interest litigation and the provisions of Article 70 of the Personal Information Protection Law, there is a great controversy between the theoretical and practical circles on the subject of such litigation. Although the existing provisions define the subject of prosecution as three categories: the people’s procuratorate, the consumer organization stipulated by law and the organization determined by the national network and information department, the problems of unclear scope of the subject, unclear scope of functions and unclear order of prosecution have not been solved. In order to improve the effectiveness of the protection of personal information rights and interests, we should clarify the scope of the functions of each prosecution subject, straighten out the order of prosecution, confirm the status of the procuratorial organ as a supplementary prosecution subject, expand the scope of “consumer organizations stipulated by law,” and clarify the conditions of “organizations determined by the national network information department.”