On The Legal Protection Of Personal Information Right In The Era Of Big Data

With the arrival of the era of big data,the data shows explosive growth,and the information scale is increasing day by day,these provide a solid information foundation for enterprise decision-making and improve the people's life satisfaction.But at the same time,the era of big data exacerbates the data risk.It is very common that personal information is leaked and illegally used,which brings serious problems to individuals and even threatens the safety of citizens' lives and property.Looking at the current laws and regulations of our country,the protection of the right to personal information is not perfect,the scope of personal information protection is ambiguous and along with lack of remedies for citizens'right to personal information.These are all not conducive to the protection of our citizens'basic rights.In view of this,it is necessary to analyze the current situation of the legal protection of the right to personal information in the era of large data,find out the existing problems,and exploring the way to perfect the legal protection of the right to personal information by combining current juridical practice.This research mainly divides into the following parts:Introduction,which mainly introduces the research background,significance and so on.The first part is the relationship between big data and personal information rights,which mainly includes the application and influence of big data technology on personal information,overview of the right to personal Information,the relationship between the right to personal Information and the right to Privacy.The second part is the performance and analysis of big data's insufficient protection of personal information rights.The third part is to put forward the corresponding legal protection approach to the protection of the personal information right in big data's era.For instance,make clear the adjustment scope of personal information protection,set up the right of claim on personal information object,the right to be forgotten,and so on.The final part is the conclusion,which summarizes the full text.This paper starts with the positive and negative effects of big data on the extensive use of personal information,and it puts forward the necessity of protecting personal information in big data's era.Article 111 of the General Principles of the Civil Law of the People's Republic of China establishes provisions for the protection of personal information just to meet the needs of the times.However,there are different views on whether that personalinformation in the article is legal or right.Through the analysis of various points of view,it is concluded that the personal information in this article is one of the rights of personality.Taking it as the right of personal information is more consistent with the purpose of legislation and is beneficial to the balance of interests between the development of big data and the protection of personal information.Although the civil law has set up the right of personal information to fill the gap in the legislation,this article has encountered an application in the practice of the trial,Because the provisions of the law are too general,the nature of personal information,the scope of protection,the protection of some important rights of personal information and power has not been established,judicial remedies are insufficient,leading to the right to personal information can not be fully protected.According to the actual situation,the legal protection of personal information needs to seek breakthrough and improvement from the following aspects.First,make clear the nature of personal information protection and the scope of adjustment,the second is to construct the forgotten right of personal information,and the third is to set up the protection way of personal right and petition.Improving laws is the key step to protect the right of personal information,but the protection will always be on the road.