Author(s)

Xiaoli Wang ¹

Affiliation(s)

¹ Law School, Yang-En University, Quanzhou, Fujian, 362014, China

Corresponding Author

Xiaoli Wang

ABSTRACT

Article 70 of the “Personal Information Protection Act” promulgated in 2021 stipulates the civil public interest litigation system for children's personal information protection. Due to the rough legislation, in the judicial practice, this system faces problems of ambiguity in conditions for public interest litigation, prosecutor qualification, liability manner and sharing of burden of proof in application. The above issues are in urgent demand for legislation improvement. This paper collects and analyzes relevant research literature, compares provisions of international conventions and draws on judicial practices to solve the above problems by considering the specific needs for children's personal information protection. It is necessary to optimize the applicable conditions of civil public interest litigation for children's personal protection, clarify that no actual damage is the prerequisite of litigation; Refine the scope of the plaintiff, extend the scope of consumer association, and clarify the conditions for China Internet Network Information Center to determine the prosecution organization; Diversity liability bearing manners, increase preventive compensatory liability manner; Set up different rules for distribution of burden of proof for the three illegal behaviors of information processors.

KEYWORDS

Commercial activities, children, personal information protection, civil public interest litigation, institutional improvement

CITE THIS PAPER

Xiaoli Wang, Civil Public Interest Litigation for Children's Personal Information Protection in Commercial Activities. Science of Law Journal (2023) Vol. 2: 57-65. DOI: http://dx.doi.org/DOI: 10.23977/law.2023.020209.

REFERENCES

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