Jingzhou Zhu, Baohua Fan

(College of Humanities and Law, Jiangsu Ocean University)

Abstract：

Personal information protection procuratorial civil public interest litigation has significant "criminal" characteristics. Directly initiating civil public interest litigation for personal information protection by the procuratorate has obvious advantages, as it can expand the scope of cases, reduce the burden of proof, play a preventive role, and promote source control. The civil public interest litigation of personal information protection procuratorate should regard the Internet platform's abuse of the "informed consent" rule to illegally handle personal information and the indirect infringement of personal information rights as the main object. The filing criteria only require that the infringing behavior poses a risk of damaging personal information and public interests. Lawsuits should take into account both the property and personal attributes of personal information rights, as well as the preventive and punitive functions of protecting personal information rights. Allow the procuratorate to file punitive damages requests for malicious infringement of personal information rights and interests.

Key Words：

personal information rights; procuratorial civil public interest litigation; litigation subject; compensation liability