Research On Personal Data Collection System

With the advent of the era of big data,personal data protection has become a new social issue.Personal data is closely related to general personality interests and should be protected on the basis of general personality rights.Personal data collection is the initial stage of personal data circulation and an important part of personal data protection.Personal data collection refers to the acquisition of personal data,and its basic elements include the purpose elements and behavioral elements.At present,the construction of personal data collection system in China is mainly reflected in both principles and rules.The basic principles of the personal data collection system mainly include legal and proper,purpose-specific,necessary and data quality principles.The purpose-specific and necessary principles have created an application predicament that restricts the collection behavior excessively in the new format,and there is a need for adjustment.The formulation and practice of the rules for the collection of personal data is mainly reflected in the legislation and industry self-discipline: in law,China has initially established a data collection system based on the informed consent rules as the core legal basis;in the industry self-discipline,related Internetcompanies have A privacy protection policy with informed consent rules has been developed.However,due to the fact that the relevant legislation is relatively scattered and only stays at the level of principled regulations,there are problems such as the need to refine the consent rules,the lack of validity of the consent rules,the right to withdraw the consent,and the lack of necessary exemptions.For the protection of personal data,the EU chooses a unified legislative model,while the United States adopts decentralized legislation and industry self-regulation.There are also differences in the applicability of the two to the consent rule: the EU strictly applies the notification consent rule,and distinguishes between general data and special data;the US weakens the application of the consent rule,introduces the theory of reasonable expectation of privacy,and cooperates with the scenario.Ideas and risk assessment mechanisms.To perfect China’s personal data collection system,first of all,we should adhere to the legislative concept of data protection and circulation,choose the legislative model of the unified development of national unified legislation and self-discipline protection;secondly,we must establish the basic principles of personal data collection and protection,and learn from the risks of the US scene.The concept is to adjust the specific principle of purpose to the principle of risk control,and adjust the necessary principle to the principle of minimum risk.Finally,improve the rules of consent,separately regulatethe public and private rights,classify and protect personal data,and formulate the basics of effective consent.Requirements;perfect exceptions for consent;guarantee the right of users to withdraw;set risk assessment obligations of data collection subjects,so that the consent rules are flexible and effective in the existing legal environment in China.