Legal Protection Of Personal Information In The Era Of Big Data

At present,China is gradually entering the era of big data,so the legal protection of personal information is facing unprecedented challenges.Effective processing of large amounts of data is conducive to the reuse of information,to help people make important decisions in social life,and to improve the efficiency of all walks of life.However,big data is a double-edged sword.While bringing convenience benefits to our production and life,it also makes our personal information more threatened than before.In recent years,incidents of personal information leakage and illegal use continue to occur,seriously damaging the personal and property rights and interests of the information subject.The General Principles of Civil Law,promulgated shortly after,added special provisions for the protection of personal information,which highlighted the importance that the state attaches to the protection of personal information.Nevertheless,there are still many problems in the legal protection of personal information right in China.In the era of big data,personal information protection is facing various special challenges.Many new features of big data aggravate the risk of personal information being infringed,including frequent,excessive collection and unreasonable storage and utilization.The legal principles and systems of personal information protection established in the era of small data fail one after another in the era of big data.Traditional means such as fuzzification and anonymity of personal information no longer work.The numbness of clicking the consent button in the face of the lengthy website privacy policy makes informed consent null and void.The traditional path centered on information privacy protection is stretched,and the status of personal information right as an independent and specific personality right should be highlighted in civil law.At the same time,under the background of big data,the property attribute of personal information has been strengthened.The protection of personal information should not only focus on the level of personal rights and interests,but also extend to the level of property interests protection.In order to solve the dilemma of personal information protection in the era of big data,we should reconstruct from the concept to the system level.Human dignity should be regarded as the highest value.On this premise,we should balance protectionism with utilitarianism.Stratified protection strategy should be adopted to differentiate the protection according to the close relationship between information and the subject.For the collection and utilization of close information,the consent ofthe subject must be obtained beforehand.For the general information,the means of relief after the event can be used to protect,so as to resolve the dilemma of informed consent.