Research On The Legislative Protection Of Personal Information In China In The Era Of Big Data

With the vigorous development of personal information industry in the era of big data,the property value of personal information,as one of the important commercial resources,has been continuously developed and utilized,and the property attribute of personal information has become more and more prominent.However,the improper use or even abuse of personal information resources seriously threatens the security of personal information.In recent years,the disclosure of citizens’ personal information has led to a series of crimes such as fraud,kidnapping,extortion and so on.At present,China has been in the rapid development of the era of big data,and the legislation on the protection of personal information undoubtedly stands at a "crossroads".The left side is the protection of personal information,and the right side is the open sharing of information.Therefore,the accurate definition of the connotation and extension of personal information is of great significance to coordinate the relationship between the two.In our country,related to the personal information protection legislation has initially formed a clear level of standard security system,but it is a standard system is the legal status is not high,the specification is too scattered,not unified,such as more shortage,difficult to adapt to the era of big data of legislation of personal information protection,so that the phenomenon of personal information rights are violated in practice,occur frequently in many fields,the law of the full relief very difficult,serious impact on the citizens of learning,the normal operation of the production,living and social interaction,what is more,unscrupulous information stealing,buying and selling and harassment may endanger the safety of the national,social,and personal.And to solve the legislation of personal information protection,must first clarify the connotation of the "personal information" and the nature of the right of personal information,academic circles has carried on the deeper research,also has formed some consensus,but in order to more comprehensive protection of personal information,can be everything is effective in identifying information for a specific individual,whether it is a single information,or information,whether direct identification or indirect identification,determination for the law shall protect personal information.On this basis,the protection of the right to personal information will be expanded from the field of private law to the field of private law and public law,and the adjustment scope will be covered to the maximum extent,and rise to the height of the basic rights of the constitution,so as to gradually form a complete legal protection system of the right to personal information.From the perspective of reality,in the era of big data,personal information protection is faced with improper collection of personal information,which infringes the information subject’s right to know and right to decide.The "secondary development and utilization" of personal information violates the right of information subject to correct and delete information;Personal information leakage,infringing the information subject to information confidentiality,usufruct and other challenges,although by legal interpretation and directly applicable,can be in "constitution","civil law" and "criminal law" and other laws and administrative rules and regulations and judicial interpretations found in relevant laws and regulations based on personal information protection,but there is also a constitutional protection concrete standard vacancy,the lack of the basic law protection,basic specifications of uncoordinated,lack of regulators,the lack of relief system is not perfect.In this regard,we can learn from the experience of foreign personal information legislation protection,combined with China’s personal information protection problems,targeted to be improved.Main measures can be taken on the basis of the constitutional protection of personal information protection legislation system,choose unified legislative model to develop the personal information protection act as a basic law,perfect the law of personal information protection of personal information protection in the specification,the setting up of specific personal information protection regulators,strengthening the construction of self-discipline mechanism,in the form of legal relief way and perfect.