Civil Law Protection To Personalinformation In The Data Age

With the rapid development of Internet technology,people have entered into an unprecedented era of information-large data age.Large data behind the huge economic and political interests,especially through data integration,analysis and mining,which demonstrated the data integration and control power has been far more than in the past.Big data is like a double-edged sword,the community because of the use of large data and benefit,but personal information nowhere to hide.Large data brought about by the overall change,making the traditional line of enterprise data protection failure,individual users is difficult to combat personal information is fully exposed to the risk,so the citizens of personal information protection made a serious challenge.More and more people began to worry about personal information "no way to escape."China has a large number of violations of the personal information of citizens of the facts and cases,the traditional civil areas through the dignity of the human dignity,personal privacy and other related areas of personal information on the indirect protection of the way has been unable to meet the real needs.These two aspects constitute the contradiction of the existence of the right to personal information,the design of a timely legal system to protect the right to personal information is imminent.At the same time,we must also consider the characteristics of the era of large data,in the free flow of information and personal information protection between the interests of the balance.Civil law as the adjustment of the main body of the relationship between property and personal relationship between the basic law,the era of large data on the protection of personal information has important value.And "the life of the law lies in its implementation",so the specific context of large data age,the discussion of the proper protection of personal information must also respond to specific judicial application.This article can be divided into five parts:On the basis of studying the characteristics of the era of large data,the author clarifies the concept and classification of personal information,analyzes the necessity of the protection of personal information civil law in the era of large data,introduces the way of personal infringement of personal information,and infuses the personal information After the potential threat or consequences to be explained;The second part analyzes the current situation of the protection of personal information in China.First of all,within the framework of the existing civil legislation,the contents of the legislation concerning the protection of all personal information are sorted out,and the important legal provisions such as the General Principles of Civil Law are analyzed.The research on the status quo of the judicial situation mainly adopts the case analysis method,through the collection of the relevant effective judgment,summarizes the judicial protection of the personal information civil law protection in the era of large data;The third part mainly discusses the existing problems of personal information civil law protection in the era of large data.This paper studies the real dilemma faced by China's personal information civil law in the era of large data,and finds out the causes of the dilemma;The fourth part draws on the introduction and thinking of the mode of privacy protection represented by the United States and the protection mode of the general personality right represented by Germany,and draws lessons from the experiences and lessons of the protection of personal information civil law.The fifth part puts forward their own opinions on the perfect path of personal information protection of civil information in the era of building large data.First of all,it discusses how to improve the existing civil legal norms,followed by the judicial practice of the strongest demand for personal information in the contract law and tort law protection to focus on research.And finally responded to the civil judicial approach to how to protect the right of personal information,with a view to effectively reducing the burden on the rights of the right holders.