Explanatory analysis on judicial implementation of individuals′ rights in personal information processing activities
Tan Yuqi
(School of Law, East China University of Political Science and Law, Shanghai 201600, China)
Abstract： Article 50 of Personal Information Protection Law specifies the judicial protection procedure for personal information rights and interests, but there are still doubts about the nature of paragraph 2 and its relationship with related provisions. From an interpretive perspective, Article 50 of the Personal Information Protection Law confirms the right of personal information subjects to bring a lawsuit rather than a request, and the first clause of paragraph 2 is a prerequisite for personal information subjects to exercise their right to bring a lawsuit, but it does not apply to all personal information rights lawsuits. When there is no infringement, personal information subjects need to have their personal information subject rights refused by the personal information processor before seeking judicial relief; when personal information rights and interests are infringed or under threat of infringement, but there is no harm, the basis for personal information subjects′ requests is the corresponding personal information subject right, and bringing a lawsuit is not a prerequisite for accepting the request to the personal information processor; when personal information subjects are harmed due to personal information infringement, they can directly file a lawsuit in accordance with Article 69 of the Personal Information Protection Law.
Key words : Personal Information Protection Law;prerequisite for the right to bring a lawsuit;remedies for personal information rights and interests.
