Administrative Regulations For The Balance Of Personal Data Transactions And Protection In The Era Of Big Data

Personal data is an important part of personal information.It is personal information recorded electronically and is the main form of personal information in the era of big data.The traditional non-personal data storage and the level of development and use of technology are limited,it is difficult to produce high socio-economic value,the violation of personal information can be remedy through private law;and the use of personal data in the era of big data becomes the norm,in the production The huge economic value has also spawned the problem of balancing the use of personal data with the protection of personal data.Especially in the field of personal data transactions,it is extremely necessary to explore appropriate administrative regulations.Since the founding of New China,there have been four stages of understanding personal information.Personal data in the era of big data has its own unique extension compared with other stages: it refers to various types of data that can be combined with other data to identify the identity of a particular data subject.,including but not limited to the name of the data subject,ID number,personal biometric data,address,contact information,etc.At present,the academics classify personal data mainly based on differences in sensitivity,value-added,and data nature.These classification methods are the basis for the study of classified transaction regulation of personal data.Personal data transactions are personal data provided by the data buyer for the5 exchange of data in exchange for currency or other physical objects.Examples offoreign personal data transactions are mainly for the purpose of protesting against the abuse of personal data by companies and the value of personal data transactions.Personal data transactions can be divided into intra-data platform transactions and off-platform transactions.Different from the direct transaction of personal data by some foreign companies,almost all data transaction platforms in China do not allow personal data to be traded,and the objects allowed for transactions are anonymous personal data.However,data that loses identifiability is not personal data,and there is no need to limit circulation due to the protection of personal data personality rights.For big data that requires data diversity and complexity,anonymized personal data,even if it is freely circulated in the market,has little development value compared to the original personal data.Personal data has property rights,personality rights and public resources,but it is completely different from traditional legal rights and personality rights.Data rights are characterized by complexity and diversity.Personal data rights are a new type of rights.At the same time,personal data,as an important personal interest of citizens,is closely related to the production and life of the people and belongs to the "new property rights" in American law.The balance between personal data transactions and protection through civil law and criminal law is difficult,and the administrative regulations of personal data transactions are necessary.List the legal documents of different periods in chronological order,refine the development of China's personal data transaction regulation,and explore the evolution of legislative ideas and regulatory methods from the context of development.According to different effectiveness levels,the legal documents governing personal data transactions are summarized to explore the legislative defects of China's regulation of personal data transactions.In the study of the legislation of Germany,Canada,France,the United Kingdom,Singapore,South Korea,the European Union and other major countries and regions in the regulation of personal data transactions,from the legislative model,regulatory measures,regulatory agencies,compulsory trading and other aspects of the actual integration with China.In the case of personal data transactions,the degree of potential damage caused by the data subject's own rights and social public interests is differentiated to form a personal data transaction classification regulation system.Based on the seriousness of personal data infringement in the field of personal data transactions and the professionalism ofsupervision,the supervision is carried out by specialized and independent institutions,supplemented by self-discipline of industry intermediaries.The impact of any part of the data transaction on the security of personal data transactions should not be underestimated.Through the whole process of assessing the security of all aspects of data transactions,the formation and construction of a personal data transaction security full-scale supervision system to conduct personal data in personal data transaction activities.protection.Personal data transactions and other data application activities have both commonalities and differences.The regulations related to personal data transactions that exist in the regulation of personal data processing and use should be further implemented and emphasized in the legislation of personal data transaction regulation.Specific issues in personal data transactions such as which personal data can be traded,transaction security assessment,regulatory authorities and their functions,etc.,should be addressed and standardized in the legislation of personal data transaction regulation,while strictly limiting The boundary of the legal authorization of the transaction.Under the premise of ensuring the security of personal data,the circulation of personal data is promoted,thereby achieving a balance between personal data transactions and protection,and finally achieving a steady,healthy and orderly development of the personal data transaction industry.