Legal Protection Of Personal Information In The Era Of Big Data

At present,the countries all over the world generally adopt "identifiability",as the standard for defining personal information.Although the definition of personal information is different in different countries,it is essentially the protection of personal information.In the early stage of social development,personal information mainly showed the personality characteristics of the information subject and maintained the personality dignity of the information subject.Therefore,the legislation only recognized the personality attribute of the personal information.However,with the arrival of big data,the property value of personal information has been continuously developed and utilized.Personal information has become an important commercial resource,so the property attribute of personal information can be considered as the product of the times.However,the commercial utilization of personal information in big data time also threatens the security of personal information at the same time.Personal information becomes easier to be identified and illegally obtained,which results in the serious divulge of personal information.The traditional methods including"de-recognition","informed consent principle" and "distinguishing sensitive information from non-sensitive information" fail to protect personal information,and are not conducive to the commercial use of personal information.Therefore,a new protection system is needed.Although the existing personal information protection legislation in China has formed a preliminary protection system,there are many defects in the relevant laws including lack of operability of legislation,vague scope of personal information,unclear ownership and lack of supervision.These problems not only fail to reasonably protect personal information,but also fail to used it in an effectively way in big data time.In order to effectively balance the relationship between personal information protection and utilization,we should start from many aspects.The main content of this thesis consists of six parts.The first part is introduction,the second part mainly introduces the definition of the concept of personal information,as well as the differences between personal information and related concepts,in which the emphasis is on the analysis of the difference between personal information and privacy.The third part mainly discusses the legal attribute of personal information in big data time.Personal information has the attribute of personality right,which has been recognized by legislation and judicature.However,there are many shortcomings in the protection of personal information with single personality right.In big data time,this kind of protection mode neither can protect personal information nor can make full use of personal information.With the development of the times,the property value of personal information is becoming more and more prominent,and the property attribute of personal information should be regarded as the product of the times.The fourth part mainly introduces the commercial utilization of personal information in big data era.This paper introduces the meaning and value of the commercial utilization of personal information,the impact and influence of the commercial utilization of personal information on the protection of personal information,and the regulation of the commercial utilization of personal information.The fifth part mainly introduces the deficiency of personal information protection in our country,which includes lack of operation of decentralized legislation,vague scope of personal information,unclear ownership and lack of supervision.The sixth part introduces the path choice of personal information protection in China.Firstly,a unified personal information protection law should be formulated.Therefore,the rights and obligations between the information subject,the information collector and the information processor can be clarified so as to reduce the conflict between concepts and rules and enhance the applicability of the law.The second one is to clarify the basic principles of personal information protection.It is of great significance to regulate the abuse of personal information under the environment of big data.Thirdly,the scope of personal information protection should be defined,and the definition of controversial information should be judged by scene theory.Fourthly,the property right of personal information in law should be established so as to strengthen the control of information subject over personal information and reduce infringement.Compensation for property damage can be obtained in case of infringement,and the secondary circulation of personal information can be legalized at the same time.Fifthly,due to complexity on the collection of big data and handling of the personal information,the inversion of the burden of proof rules should be established.The infringed party causes great difficulties in the burden of proof,the establishment of the inversion of the burden of proof rules can effectively balance the burden of proof of both parties to the proceedings so as to reduce the difficulty of judicial relief.The sixth one is we should set up a special personal information protection supervision agency to prevent the absence of supervision with respect to the market supervision of personal information protection,and establish the monopoly of personal information to reduce the abuse of personal information.In addition,we should also improve the protection consciousness of personal information for citizens and apply more technical means to enhance personal information protection to protect personal information.In this way,big data can better realize the protection and use of personal information.