个人信息保护民事检察公益诉讼的程序路径

The Procedural Path of Personal Information Protection Civil Procuratorial Public Interest Litigation

摘要: 个人信息的泄露与相关权益的受害似乎已成为一种“常态”，普通民事主体作为个人难以知悉自己个人信息权益受到侵害，更难以发挥有效力量保护自己的个人信息权益，诸多个人没有足够的能力去维护个人信息权益，而由检察机关提起公益诉讼以保护大量私益受损而形成的公益受损情况是一条可探索、发展的路径。民事实体法领域已对个人信息权益的保护形成了一个基本的保护框架，这也无疑需要程序法提供相应的程序驱动和助力，公益诉讼程序是其重要一环。为此，针对个人信息保护民事检察公益诉讼，需为检察机关提供程序通道，划分诉前、诉中、诉后三个不同的阶段，不局限于庭审活动中，扩张至有关公益诉讼的各种活动和程序，建构完整的“以检察机关为中心”的信息交流机制，保证检察机关在各环节的参与，思考诉前程序、公益申请人格权禁令、起诉条件、证明责任、强制执行等重要的程序规范，发挥检察机关的制度角色和制度能力，为保障个人信息权益提供助力。

Abstract: The leakage of personal information and the victimization of related rights and interests seem to have even become “normal”. It is difficult for ordinary civil subjects as individuals to know that their personal information rights and interests are infringed, and it is more difficult to exert effective power to protect their personal information rights and interests. Many individuals do not have enough ability to safeguard the rights and interests of personal information, and the public interest damage caused by the public interest litigation initiated by the procuratorial organs to protect a large number of private interests is a path that can be explored and developed. The field of civil substantive law has formed a basic protection framework for the protection of personal information rights and interests, which undoubtedly requires procedural law to provide corresponding procedural drive and assistance, and public interest litigation procedure is an important part of it. Therefore, in view of the civil procuratorial public interest litigation of personal information protection, it is necessary to provide procedural channels for the procuratorial organs, divide the three different stages of prelitigation, litigation and postlitigation, not limited to the trial activities, expand to various activities and procedures related to public interest litigation, and construct a complete “procuratorial organ as the center”. The information exchange mechanism ensures the participation of the procuratorial organs in all aspects, considers the important procedural norms such as prelitigation procedure, public interest application personality right prohibition, prosecution conditions, burden of proof, enforcement, etc., gives full play to the institutional role and institutional ability of the procuratorial organs, and provides assistance for protecting the rights and interests of personal information.