Typical cases promoting the legal progress of personal information protection


Interpretation case: Guangdong procuratorial organs handle the first national civil public interest lawsuit involving "facial recognition", and creatively propose a compensation lawsuit with court support. Interpretation expert: Vice Dean, Professor, and Doctoral Supervisor of the Law School of Southeast University, Director of the Civil Prosecutorial Research Center of Southeast University (Civil Prosecutorial Research Base of the Supreme People's Procuratorate), Shan Pingji. Guangdong procuratorial organs handle the first national lawsuit involving "facial recognition" Civil public interest litigation cases are not only an important manifestation of promoting the progress of personal information protection under the rule of law, but also a specific practice of the procuratorial organs to "handle every case with high quality and efficiency", which has important value and typical significance. Firstly, the civil public interest litigation involving facial recognition demonstrates the legal responsibility of the procuratorial organs in effectively safeguarding social public interests. The rule of law is the fundamental way of governing a country and an important guarantee for advancing the modernization of the national governance system and governance capacity. In this case, the perpetrator's infringement of personal information of citizens is not only subject to criminal responsibility for violating the Criminal Law, but also results in damage to public interests due to the non-specific nature of the infringing object. By initiating civil public interest litigation, the procuratorial organs not only hold the infringer legally responsible and protect the personal information security of citizens, but also achieve comprehensive maintenance of public interests and improve the level of national governance through warning education, public welfare publicity, volunteer services, and payment of public interest damage compensation. This dual effect can make the people feel fairness and justice in judicial cases, reflecting the procuratorial organs' active performance and responsibility in safeguarding social public interests in accordance with the law, and effectively enhancing the people's sense of gain, happiness, and security. Secondly, the civil public interest litigation involving facial recognition demonstrates the institutional advantages of civil prosecutorial public interest litigation. Faced with the higher performance requirements of the people in the new era for public interest litigation, procuratorial public interest litigation, with its unique political significance, institutional advantages, and governance value, safeguards public interest protection. The legislation of procuratorial public interest litigation can provide substantive and procedural guarantees for this. In cases where personal information is infringed upon, the target of infringement is usually widespread, and individual natural persons may not even be aware of the fact that personal information has been infringed upon. According to the provisions of the Civil Procedure Law, if the victim wants to hold the infringer liable for civil liability, they generally need to provide evidence to prove the facts of the infringement, involving evidence from illegal information processors, information processing procedures, and other links. This also determines that the cost of protecting the rights of the general public is very high. In this case, the procuratorial organs keenly discovered the threat of infringement involving "facial recognition" to the security of public personal information. They promptly filed civil public interest litigation, effectively safeguarding social public interests and aligning with the functional positioning of the procuratorial organs in social governance, demonstrating the institutional advantages of civil procuratorial public interest litigation in safeguarding public interests. Once again, the handling of civil public interest litigation cases involving facial recognition is in line with the requirements of modern prosecutorial work. The modernization of procuratorial work requires procuratorial organs to constantly innovate in concepts, means, and methods. In this case, the procuratorial organs, guided by modern concepts and fully utilizing modern technological means, combined the analysis of "facial recognition" technology with legal supervision functions, strengthened the application of technology in procuratorial work, improved the intelligence level of procuratorial work, and ensured the handling of cases

Edit:Ying Ying Responsible editor:Shen Chen

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