Justification of the Administrative Public Interest Litigation System for Personal Information Protection

Yanjun Liu and Jiali Su

Public Administration Research, 2024, vol. 13, issue 2, 29

Abstract: There is controversy over whether the public interest litigation clause in Article 70 of the Personal Information Protection Law includes administrative public interest litigation. However, in practice, the administrative public interest litigation mechanism focused on personal information protection has already been explored in the practice of prosecutorial public interest litigation. From a theoretical perspective, administrative public interest litigation for personal information protection has its institutional value, reflected in preventive value, equitable value, and compensatory value. From a normative perspective, the administrative public interest litigation system can be connected with the elements of the Personal Information Protection Law in terms of subject qualifications, application areas, initiation, and procedures. Article 70 of the Personal Information Protection Law reserves institutional space for the operation of the administrative public interest litigation mechanism, which can include the administrative public interest litigation system. From a practical perspective, it is necessary to demonstrate the practical necessity of administrative public interest litigation for personal information protection by organizing existing practices. The advantages of administrative public interest litigation can be significantly utilized in prosecutorial public interest litigation involving personal information protection, which helps to achieve the public interest governance goals of personal information protection.

Date: 2024
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