Research On The Legal Problems Of Personal Information Protection In China

with the continuous expansion of the application of big Data technology,the call of "big data Age" has intensified.The financial,medical,education,retail and other industries have borrowed big data technology to continuously expand their business content.Using big Data technology to collect information and process information,technology users can extract valuable information from a large amount of information,depict the behavior characteristics of specific groups through data portrait behavior,predict the behavior trend and short-term needs of the group,and then guide or adjust their own production and operation direction according to the prediction.Big Data technology has changed the model of various traditional industries and enriched the content of socialist market economy,but at the same time,it can not be ignored that the basis of personal information as the application of big data technology is faced with the situation of abuse.Illegal collection,illegal handling,illegal dissemination,advertising bombing not only exposes the personal privacy of the information subject to the public view,but also makes the life of the information subject restless,and what is more,these personal information is used by some wrongdoers in the field of crime,which poses a serious threat to social stability.In order to protect the security of personal information in the age of big data,balance the relationship between personal information protection and big Data Technology application industry to the pursuit of economic value,and ensure the benign development of big data industry,this paper studies the legal Problems of personal information protection in the age of big data,which are divided into the following four chapters:The first chapter introduces the concept,and expounds the concept,characteristics and legal attributes of personal information.This paper analyzes the new characteristics,new risks and risk causes of personal information in the background of big data.The second chapter introduces the present situation of the legislation of personal information protection in our country,and analyzes the shortcomings of the relevant laws of personal information protection in our country according to the risks and characteristics of personal information under the background of the aforementioned big data.Mainly includes the absence of unified special legislation,the lack of specific rights and obligations of relevant laws and regulations,the lack of legal basis for the regulatory level,judicial relief level maneuverability is not strong.At the same time,combined with the present situation and theory,the necessity of special legislation for personal information protection in China is analyzed.The third chapter focuses on the EU general Data Protection regulations(hereinafter referred to as GDPR),through the GDPR of the legislative model,legislative principles,adjustment of the subject,rights and obligations,regulatory measures and relief methods of the introduction and analysis,summed up GDPR to China's personal information protection legislation Enlightenment.The fourth chapter,aiming at the deficiency of the present situation of personal information protection legislation in our country,and drawing on the Enlightenment brought by the EU general data protection regulations,puts forward some suggestions on the special legislation of personal information protection in our country.The content of the proposal mainly includes six aspects of legislative mode,legislative principle,adjustment subject,right obligation,administrative supervision and relief way.