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

With the advancement of technology.intelligence and data have made our lives more and more convenient,but the risk of personal data leakage and abuse brought about by the development of big data industry is also increasing.The protection of personal data in the context of big data is a hot issue in the field of civil law.This paper explores the civil law protection path of personal data in the context of big data.The first chapter begins with the new challenges of personal data protection in the context of big data.The definition of personal data and the new characteristics of personal data in the context of big data,macro analysis of the problem of weaker data control and easier disclosure of personal data protection in the context of big data:The traditional path of personal data protection,including the general personality rights,privacy rights,property rights,personal information self-determination and other theoretical paths,as well as the unified legislative mode,decentralized legislative mode,safe harbor mode and other practical paths;the third chapter analyzes the background of big data The traditional theoretical and practical protection path is insufficient.It is concluded that the protection of personal data should be the synergy between the state,industry and science and technology,taking into account the protection of individual rights and the promotion of scientific and technological development.The fourth chapter combines China's existing legal system.And the legislative tradition proposes the personal data protection road to adapt to China's personal data.In theory,be taken to control the data-centric integrated protection path,then take a unified legislative guidance on practice mode path.A comprehensive protection path centered on data control,that is,establishing multiple protection measures around "data control",emphasizing the unified control of data subjects on personal data.Guiding the legislative model means establishing a basic law for personal data protection,and based on the law.Form a personal data protection system,that is.under the guidance of the Personal Data Protection Act,to meet the actual needs,to develop personal data protection rules for special private industry sectors or special groups.At the same time,the market and industry autonomy,that is,the industry self-discipline mechanism is a key part of the personal data protection system.The industry self-discipline mechanism emphasizes that members of the industry organization and management consciously abide by and jointly implement the industry self-regulation norms formulated by the industry organization.China should actively guide and encourage the emergence of industry organizations through legislation,and promote industry organizations to conduct industry self-discipline.In the Basic Law of Personal Data Protection,it is required to form legal industry organizations or industry associations to formulate more specific operations for the industry to meet the basic law protection requirements.Industry norms.In addition,it is necessary to set up corresponding national competent administrative agencies to review the self-regulation of the industry.