On August 20, the “Personal Information Protection Law of the People’s Republic of China” passed at the 30th meeting of the Standing Committee of the 13th National People’s Congress will be officially implemented on November 1, 2021. The law specifically sets up provisions on public interest litigation, which clearly includes the protection of personal information into the statutory field of procuratorial public interest litigation. On the 21st, the Supreme People’s Procuratorate issued the “Notice on Implementing the Personal Information Protection Law and Promoting Public Interest Litigation Procuratorial Work” (hereinafter referred to as the “Notice”) to regulate the handling of relevant public interest litigation cases and effectively fulfill the statutory requirements for public interest litigation and procuratorial work. responsibility.
Article 70 of the Personal Information Protection Law clearly stipulates: “Where personal information processors handle personal information in violation of the provisions of this Law and infringe upon the rights and interests of many individuals, the people’s procuratorate, consumer organizations specified by law, and organizations determined by the national cybersecurity and informatization department may. File a lawsuit in the people’s court in accordance with the law.”
The “Notice” pointed out that strengthening the public interest protection of personal information is an inevitable requirement for implementing Xi Jinping’s thought on the rule of law, promoting national governance, and strengthening legal supervision. Responsibility and sense of urgency, effectively increase case handling efforts, and promote the implementation of public interest litigation provisions.
The “Notice” clarifies that according to the relevant provisions of the Personal Information Protection Law, procuratorial organs at all levels should focus on the following aspects when performing public interest litigation procuratorial duties: biometric identification, religious beliefs, special identities, medical and health care, financial accounts, whereabouts Sensitive personal information such as trajectory should be strictly protected; the personal information of special groups such as children, women, disabled, the elderly, and military personnel need special protection; Large-scale personal information of more than 10,000 people should be protected with emphasis; precise protection of personal information of specific objects formed by time, space and other connections should be strengthened.
The “Notice” emphasizes that it is necessary to build and improve the case-handling process mechanism for personal information protection, and give full play to the advantages of integrated procuratorial case-handling. Procuratorial organs at all levels should make full use of the relevant provisions on the right of investigation and verification in the “People’s Procuratorate’s Rules for Handling Public Interest Litigation Cases”, make full use of scientific and technological means, and rely on the professional technical strength of public security, industry and information technology departments, and improve the participation of procuratorial technicians in public interest litigation. Case handling mechanism. After the Personal Information Protection Law is officially implemented, the Supreme People’s Procuratorate and the provincial level people’s procuratorates should increase their efforts to handle cases by themselves and provide guidance to those below, and adopt methods such as assignments, referrals, supervisions, and consulates by the higher courts to deal with the harm of personal information public welfare through the integration of prosecutors. networked.
The “Notice” requires that the procuratorial function of public interest litigation should be extended and expanded to promote the formation of a new pattern of personal information protection, diversified and co-governance. Actively and prudently handle relevant cases involving Internet platform enterprises, strengthen cooperation with administrative organs, improve the connection mechanism between administrative law enforcement and public interest litigation and prosecution, strengthen communication and coordination with courts, deepen the system exploration of public interest litigation for personal information protection, strengthen learning and publicity, and actively Create a legal environment that promotes the protection of personal information for the public good.
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