The Supreme People's Procuratorate recently released a batch of typical cases of personal information protection procuratorial public interest litigation to effectively supervise and ensure the unified and correct implementation of the Personal Information Protection Law. The typical cases released this time include 8 cases of administrative public interest litigation involving the supervision and protection of consumer personal biological information at service venues by the Xinwu District Procuratorate of Wuxi City, Jiangsu Province. These include not only compulsory collection of facial information in gyms and tourist attractions, non encrypted transmission, illegal storage, and irregular deletion of consumer sensitive personal information, but also the failure of the administrative department to effectively protect citizens' personal information during the process of government affairs disclosure, Causing information leakage, security risks, and other issues. The procuratorial organ flexibly utilizes methods such as pre litigation consultation, public hearings, and procuratorial suggestions to urge the administrative organ to perform its duties according to law, promote the active rectification of relevant illegal entities, fully utilize the advantages of the administrative public interest litigation system, activate the effectiveness of administrative law enforcement, and regard maintaining public interest purposes before litigation as the best judicial state. For example, the Wangcheng District Procuratorate of Changsha City, Hunan Province urged medical institutions to protect personal biometric information in administrative public interest litigation cases. The procuratorial organ issued procuratorial recommendations to relevant administrative organs, and invited representatives of the People's Congress, members of the Chinese People's Political Consultative Conference, volunteers, and experts and scholars to serve as hearing officers to hold public hearings on whether the administrative organs have fully performed their duties in accordance with the law, and whether social and public interests have been effectively protected, Eliminate the risk of personal information disclosure among citizens and effectively safeguard social and public interests. These typical cases also reflect the unique value of strengthening the collaborative performance of criminal prosecutions and public interest litigation prosecutions, giving full play to the advantages of linkage, while pursuing the criminal responsibility of the perpetrators in accordance with the law, pursuing the responsibility for public interest damage, and developing the procuratorial public interest litigation system through appeals such as stopping infringement, eliminating risks, and compensating for losses; Pay attention to traceability governance, and promote the solution of industry, domain, and system characteristics such as pervasive and root cause issues. On November 1, 2021, the Personal Information Protection Law was officially implemented, explicitly authorizing procuratorial organs to file public interest lawsuits in the field of personal information protection. It is understood that in 2022, procuratorial organs nationwide filed more than 6000 cases of public interest litigation for personal information protection. The head of the eighth procuratorial office of the Supreme Court of Public Prosecution stated that the procuratorial organs will continue to strengthen the handling of public interest litigation cases in the field of personal information protection, highlight the protection of personal information of key personnel and key areas, and strictly protect sensitive categories of information and personal information of specific groups. (Liao Xinshe)
Edit：Ying Ying Responsible editor：Shen Chen
Source：People.cn
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