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Research On Personal Information Protection In Enterprise Operation In The Era Of Big Data

Posted on:2020-08-07Degree:MasterType:Thesis
Country:ChinaCandidate:D G LiangFull Text:PDF
GTID:2416330572494311Subject:legal
Abstract/Summary:PDF Full Text Request
Diversity and sharing have become the theme of The Times.Everyone has mobile phones,computers and other mobile devices and can directly become the creator and disseminator of personal information.In the era of big data,major changes have taken place in the way enterprises operate.Personal information has been comprehensively digitized and commercialized,making it the preferred target for enterprises to collect,utilize and predict.Disorderly business operation makes personal information protection face a serious crisis.For this reason,based on the protection of human dignity in Europe and personal freedom in the United States,two different personal information protection schemes have been formed.In China,under the current context of civil law,the protection of privacy in a narrow sense cannot cover the protection of non-secret but identifiable personal information.Therefore,it is extremely important to carry out special legislation on personal information as soon as possible and establish a set of legal regulations on the collection,processing and use of personal information in the operation of enterprises.The article is mainly divided into the following four parts:Part one: Firstly,it summarizes the new characteristics of enterprise operation and the concept of personal information in the era of big data.The information revolution represented by Internet technology in the 21 st century enables enterprises to accumulate a large amount of data containing personal information through "cloud service" and other technical terminals in the operation process.The operation mode of enterprises starts to move towards the way of mining and applying massive data to obtain market demand and then create products or services with competitive advantages.There are three defining modes of personal information: association,identification and privacy,and the theory of personal information protection is divided into five theories centering on the legal nature of personal information.This paper recognizes the identification definition of personal information and regards personal information as the object of specific personality rights for protection.Part two: This paper introduces the specific personal information protection crisis and analyzes the causes of the conflict.Enterprise operation caused by the improper measures appeared the illegal collection of personal information and illegal processing applications,and,because of leakage protection does not reach thedesignated position appeared crisis,its cause is a personal information controller and conflicts of interest between personal information main body,information main body and control of different interests,essentially reflects the law of value conflicts between efficiency and justice.Part three: In view of the personal information protection crisis in enterprise operation,there are three theoretical arguments: the theory of personal information control,the theory of information freedom and the theory of interest balance.There are two different solutions available in the us and Europe.The eu will integrate the right to personal information into basic human rights so as to carry out unified and strict legislation.In contrast,the United States,based on its long-standing tradition of attaching importance to privacy and legislation documents,mainly protects against public power,while the protection of personal information in enterprise operation is mainly based on industry self-discipline and the adoption of decentralized local legislation.By contrast,the current laws on the protection of personal information in China are too scattered and lack of unified legislation on personal information.Part four: Crisis of personal information protection in the enterprise operation recommendations: clear the scope of the enterprise operation to protect the personal information,the enterprise to the personal information collection,processing,utilization stage take different measures to maintain security of personal information,finally for the enterprise operating data leakage prevention measures in the process of the recommendations of this article.
Keywords/Search Tags:Big data, Personal information protection, Companies operating, Legal regulation
PDF Full Text Request
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