Research On Legal Protection Of Personal Information In China In The Era Of Big Data

The big data Big data as a new type of resources in the 21 st century has been attached importance to by all countries in the world.With the rapid development of the Internet industry,the wave of big data surges.In the era of big data,how to balance the relation between the protection of personal information and making full use of big data to develop productivity,improve human well-being is related to the vital interests of everyone and even the long-term development of the country.However,with the continuous advancement of the Internet and cloud computing technologies and the rapid development of big data,China's personal information laws have continued to improve,but there are still many problems.Legislation,personal information law protection legislation is not sound.The traditional framework core informs that the agreement framework cannot cope with the challenges that personal information protection poses in the era of big data.In judicature,the difficulty of proof is still the biggest obstacle that restricts the information subject to maintain the right.The United States and the European Union are important countries or regions in the World,there are relatively perfect in the legal protection of personal information.T To cope with the threat of personal information protection by big data analytics technology,the United States and the European Union respectively promulgated the “Consumer Privacy Rights Act(Draft)” and “General Data Protection Regulations” to strengthen the protection of personal information.Based on the comparative analysis of the legislative model of personal information in the United States and the European Union and the legislative measures and judicial remedies under the era of big data,this paper puts forward some suggestions on how to improve the legal protection of personal information in China.In addition to the introduction,this paper is divided into four chapters:The second chapter is the basic theory of personal information in the era of big data.First of all,this part systematically analyzes the origin,connotation and characteristics of big data.Secondly,the personal information is defined,and its characteristics and legal attributes are combined with scholars' related viewpoints.Finally,the necessity of personal information protection in the era of big data is elaborated.The third chapter is about the legal status and problems of personal information protection in the era of big data.With the rapid development of big data,the current status of personal information protection in China and its existing problems are the focus of this chapter.This chapter analyzes the status quo of our country's legislation and the status quo of the judicature.It is proposed that the current legislative protection of personal information in China is as follows: the decentralized legislation,the informed-agreement framework is too traditional,and it is unable to adapt to the development of big data;the judicial manifestation is that the difficulty of proof has become the most important reason for the difficulties of information subjects in China.The fourth chapter is the investigation of the legal protection of personal information in the era of big data.In legislation,the United States introduced the decentralized legislation model and the European Union's unified legislative model.At the same time,it also conducted a comparative analysis of the adjustment of relevant laws in response to the challenges of big data in the United States and the European Union.Judicially,the role of the American group litigation system and the EU presumption of wrongdoing in protecting personal information was clarified.The fifth chapter is the solution to the problems existing in the legal protection of personal information in the era of big data.The author believes that China should adopt a unified legislative model in accordance with China's legal tradition,and improve the transparency and user control under the notice-agreement framework.It also proposes the introduction of group litigation and the establishment of fault presumption principles in China's judicial relief to protect the legitimate rights and interests of personal information.