Public Interest Litigation for Personal Information Protection in Big Data Era A Discussion Based on Chinese Law

DOI

10.2991/iccessh-17.2017.242How to use a DOI?

Keywords

big data; personal information; public interest litigation; right to self-determination of personal information; Network Security Law

Abstract

The promulgation of Network Security Law has established our citizens' right to self-determination of personal information and limited right to be forgotten. However, it is still a long way to protect personal information. In the era of big data, the right to self-determination and the right to be forgotten of personal information become feeble and futile. The introduction of public interest litigation will make up for this shortcoming. In the era of big data, personal information has a strong public right attribute, and we can protect our personal information in the form of public interest litigation, and there is no theoretical barrier. The current implementation of public interest litigation of personal information has system obstacles in burden of proof, evidence collection and legal liability system. It is good to convert appropriate burden of proof, stipulate the defendant to coordinate evidence collection and establish civil punitive compensation system on personal information and innovate the main body qualification of the plaintiff in the protection of personal information in big data, and thus facilitate the protection of personal information by public interest litigation.

Copyright

© 2017, the Authors. Published by Atlantis Press.

Open Access

This is an open access article distributed under the CC BY-NC license (http://creativecommons.org/licenses/by-nc/4.0/).

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TY  - CONF
AU  - Dudu Jiang
PY  - 2017/06
DA  - 2017/06
TI  - Public Interest Litigation for Personal Information Protection in Big Data Era A Discussion Based on Chinese Law
BT  - Proceedings of the 2nd International Conference on Contemporary Education, Social Sciences and Humanities (ICCESSH 2017)
PB  - Atlantis Press
SP  - 1035
EP  - 1039
SN  - 2352-5398
UR  - https://doi.org/10.2991/iccessh-17.2017.242
DO  - 10.2991/iccessh-17.2017.242
ID  - Jiang2017/06
ER  -