Research On Civil Law Protection Of Personal Data Under The Background Of Big Data

With the development of information technology and automation technology in our country,big data has gradually entered our field of vision.In the context of big data transactions,personal data has also become an asset and has formed a data trading market.With the development of the network data market,the continuous penetration of network technology into all aspects of our lives has made the economic value of personal data more and more prominent.A great deal of security risks are encountered in the process of collection,storage,use and transaction.We find that,There are more and more personal data uploaded or collected by various smart terminals,and it is difficult for individuals who are the main body of data to control and utilize these data effectively.As a result,more and more problems arise.On the morning of March 15,2016,the Fifth Session of the Twelfth NPC passed the General Provisions of the People's Republic of China on Civil Law.Article127 of the law stipulates: "Where the law provides for the protection of data and online virtual property,Stipulated." Although it is a simple sentence,it is of great significance.It has made up the ambiguity of the civil law on data protection in our country and clarified the principle of civil law protection for data.In our country,to establish a reasonable personal data protection system is the inherent demand of information society.The protection of personal data is not satisfactory.It not only meets the requirements of the rule of law that fully protects the rights and interests of individuals,but also becomes a huge obstacle to the development of e-commerce.Therefore,the formulation of laws relating to personal data protection plays an extremely important role in the national information security.For the protection of personal data,all countries in the world have different values.However,the principle of "notification and permission" is a more recognized principle in the world(including China).This article focuses on our country,can the original law effectively protect the personal data in the era of big data? If not,how to improve or formulate new norms for protection.The purpose of this paper is to compare and analyze the status and foreign legislative and judicial research as well as theoretical research,integrate related literatures and representatives of various theories,base on China's data protection system,define personal data from the background of big data,Protection of legislation,the right of personal data rights attributes,rights,protection methods and responsibilities from the perspective of personal data protection in our country put forward some suggestions.