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Recently, the Internet Court of Hangzhou City, Zhejiang Province, publicly heard a public interest litigation case, ordering the three defendants who bought and sold more than 30,000 pieces of newborn personal information (Li, a photography company, and a creative company) to publicly apologize in the national media and pay more than 290,000 yuan in public interest damages, which will be used for public interest matters such as personal information protection or protection of the rights and interests of women and children.
Phenomena such as newborn information being sold are not uncommon in daily life. For example, before the news of the child's birth could be told to relatives and friends, the phone call to sell milk powder and confinement sister-in-law came in; Before the mother and baby were discharged from the hospital, businesses such as haircuts and fetal brushes came to the door; The baby is a little older, and the photo studio has made a plan to take photos for the child and accurately pushed it to the child's parents. Many people are confused: how can a child's information be grasped so quickly by others? Many parents of newborns are frustrated, and there have been loud calls for such behavior to be addressed.
This public interest litigation case is applauded and exemplary. If the family is allowed to sue the leaker individually, it will not only be difficult to speak alone, but also face the dilemma of not having a large amount of money involved and the punishment not painful. Having relevant departments and institutions act as public interest litigation litigants and represent these families in public interest litigation can significantly increase the social impact of litigation. Ordering all public interest damages to be used for public welfare matters such as the protection of personal information or the protection of the rights and interests of women and children has the effect of transforming back-end governance into front-end prevention, which is worth promoting.
Of course, the pursuit of accountability through public interest litigation is not yet complete. The punishment of information buyers and information users is not the end, and it is also necessary to ask how the newborn's information is flowing. If hackers invade and steal information, it means that there are loopholes in the information platform of medical institutions; If the information is sold by insiders, it means that there are loopholes in the management. In addition, the bedside card in the ward and the inpatient information bar in the nurse's station may cause information leakage, and these seemingly inconspicuous links cannot be ignored. Plugging these loopholes and protecting the information security of newborns is not only to treat the symptoms but also the root causes.
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Text: Law Chi Wah (Doctor)
Editor: Guan Zhongyao
Proofreading: Ma Yang
Review: Qin Mingrui, Xu Bingnan