Study on Prosecutorial Public Interest Litigation in the Protection of Personal Health Information

References

1. Article 70 of the Personal Information Protection Law of the People's Republic of China states that if a processor of personal information violates the provisions of this law by handling personal information in a way that infringes on the rights and interests of a large number of individuals, the People's Procuratorate, a consumer organization prescribed by law, and an organization determined by the State Internet Information Technology Department may, in accordance with the law, institute legal proceedings in the People's Courts.
2. Fei Yang. Kaili Zheng, "Protecting people with disabilities data privacy in government information disclosure: facilitation by procurator-led public-interest litigation", Disability & Society, 2023.
3. Article 21 of the Interpretation of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues Concerning the Application of Law in Procuratorial Public Interest Litigation Cases stipulates that if the people's procuratorate, in the performance of its duties, finds that an administrative organ with supervisory and management responsibilities in the fields of ecological environment and resource protection, food and drug safety, protection of state-owned property, and the granting of the right to use state-owned land has violated the law in the exercise of its functions or has failed to take any action, thus infringing upon the national interests or social Where public interests are infringed upon, procuratorial recommendations shall be made to the administrative organ, urging it to fulfill its duties in accordance with the law.
4. Article 25 of the Administrative Procedure Law of the People's Republic of China provides that the relative of an administrative act, as well as other citizens, legal persons or other organizations having an interest in the administrative act, have the right to bring a lawsuit.
5. Liu Jiapu and Wang Zijian, "The path and measures of procuratorial public interest litigation to intervene in the protection of personal information on the Internet", in China Prosecutor, No. 9, 2021, p. 55.
6. Article 7 of the "Guiding Opinions on Actively and Steadily Expanding the Scope of Public Interest Litigation Cases" states that the SPP will issue guiding cases and typical cases in new fields in due course in batches, based on the main points of annual public interest litigation, and in accordance with the needs of the development of the situation of public interest protection In 2020, the Supreme People's Procuratorate will focus on releasing typical cases in new fields such as production safety, protection of cultural relics and cultural heritage, and network infringement (personal information protection). Provincial procuratorates should strengthen case study and training, and instruct procuratorates in their jurisdictions to handle similar cases in new fields with reference to them.
7. See Shenzhen Luohu District People's Court's Criminal Incidental Civil Judgement (2020) Guangdong 0303 Criminal Beginning No. 445.
8. See the first-instance criminal judgment of the Wuji County People's Court of Hebei Province (2018) Ji 0130 Criminal Beginnings No. 134.
9. Article 55 of the Law of the People's Republic of China on the Protection of Consumer Rights and Interests states that where an operator has committed fraud in the provision of commodities or services, he or she shall, at the request of the consumer, increase his or her damages, and the amount of the increased compensation shall be three times the price of the commodities purchased by the consumer or the cost of the service received by him or her; where the amount of the increased compensation is less than If the amount of additional compensation is less than five hundred yuan, it shall be five hundred yuan. If the law provides otherwise, it shall be in accordance with its provisions.Article 179 of the Civil Code of the People's Republic of China states that civil liability can be assumed in the following ways: (1) stopping the infringement; (2) removing obstruction; (3) eliminating danger; (4) returning property; (5) restoring the original state; (6) repairing, remaking, or replacing; (7) continuing to perform; (8) compensating for losses; and (9) providing compensation for damages. Compensation for damages; (i) payment of liquidated damages; (j) elimination of influence, restore reputation; (k) apologize. If the law provides for punitive damages, it shall do so in accordance with its provisions.
10. Article 5 of the Law of the People's Republic of China on Administrative Penalties, administrative penalties shall follow the principles of fairness and openness. The setting and implementation of administrative penalties must be based on the facts, and be commensurate with the facts, nature, circumstances and degree of social harm of the offending act.
11. Article 5 of the Law of the People's Republic of China on Administrative Penalties, administrative penalties shall follow the principles of fairness and openness. The setting and implementation of administrative penalties must be based on the facts, and be commensurate with the facts, nature, circumstances and degree of social harm of the offending act.
12. Grgoire C. Webber N, "Proportionality, balancing, and the cult of constitutional rights scholarship", Can J Law Jurisprudence, 2010.