The Legal Regulation Of Personal Information Commercial Utilization In The Big Data Era

The vigorous development of big data technology has injected new impetus into the innovation and development of digital economy.As the raw material of big data analysis,the value of commercial use has gradually emerged,and the application of personal information in business has become an irresistible trend.The commercial use of personal information in the era of big data not only contains the opportunity of economic innovation,but also provides the possibility for the unreasonable use of personal information to damage the privacy rights of the subjects.Although the current legal norms of personal information protection in China focus on the protection of personal information,in the era of big data,the information subject almost loses control over personal information.The existing legal regulatory framework can neither effectively regulate the commercial use of personal information nor guarantee the security of personal information.Therefore,the purpose of this paper is to improve the existing legal framework of personal information protection and utilization,to promote the commercial use of personal information while ensuring personal information security,and to help the development of digital economy.This article starts from the following four parts.Firstly,starting from the basic theory of personal information business utilization under the background of big data,this paper explores the identifiability standard of personal information,analyses the distinction between personal information and personal privacy,and clarifies the possibility of personal information business utilization in the era of big data.There are connections and differences between personal information and personal privacy.Privacy emphasizes privacy and protection of privacy interests,while personal information emphasizes identification and regulates the use of personal information.Therefore,personal information should not be included in the scope of privacy protection.With the development of big data technology,the characteristics of personal information,such as low value density,reusability and public attributes,show its commercial value,which provides the possibility for the commercial use of personal information.Secondly,the dilemma faced by the relevant laws and regulations on the commercial use of personal information in the era of big data and the reasons for the dilemma are discussed.This paper reviews the current legislative situation of the legal regulation on the commercial use of personal information in China,describes the practice of the informed consent model and the principle of purpose restriction,and then analyses the dilemma of the protection and utilization of personal information caused by the identification of personal information.Generally speaking,the traditional informed consent model cannot play an effective role in the era of big data,while the principle of purpose restriction hinders the circulation and utilization of personal information.Hidden in the predicament of personal information business utilization is the deep reason for the influence of personal cybernetics and the neglect of the background of big data era.Thirdly,this paper analyses the advanced achievements of the legislation on personal information protection in the EU and the United States.On the one hand,by reviewing the relevant general situation of the legislation on personal information protection in Europe and the United States,it can be seen that the United States pays attention to the value of free circulation of personal information,adopts a regulatory model combining decentralized legislation with industry self-regulation,while the European Union focuses on protecting personal information on the basis of the protection of human rights.On the dignity and freedom of personality,the model of unified legislation is adopted.On the other hand,by combing the new development of personal information legislation in Europe and the United States in the context of big data era,namely the new measures in the "General Data Protection Regulations" and the "Consumer Privacy Rights Act(Draft)",especially the concept of "risk" and "context",we can find that the western countries have begun to adopt targeted measures in the use of personal information.These legislative models and new legal rules have important reference value for improving the legal norms of personal information protection in China.Finally,it puts forward some suggestions to further improve the legal regulation of the commercial use of personal information in China.First,we should rethink and locate the legal regulatory framework for the commercial use of personal information in China,shift the focus of regulation from the stage of collecting personal information to the stage of utilizing personal information,introduce the privacy risk assessment mechanism as the criterion to measure the degree of privacy risk generated by the commercial use of personal information,and define personal information in dynamic scenarios,rather than adopt all-inclusive identifiability criteria.Second,the negative consent of the information subject is regarded as the main way of consent,and the principle of purpose limitation is reconstructed by using the risk assessment mechanism of privacy to replace the purpose limitation with the risk limitation.Third,in the case of imperfect legal norms for personal information protection,we should pay attention to the national technical standards and provide the technical path for the commercial use of personal information.In short,through the role of multiple legal means,we strive to achieve the dual goals of making full use of personal information and personal information security.