Research On The Legal Issues Of Commercial Use Of Personal Information In The Era Of Big Data

With the continuous enhancement of information network technology,people begin to step into the era of big data.Under the background of big data era,personal information has penetrated into all walks of life and become an indispensable production factor and strategic resource.The commercial use of personal information has also become a common phenomenon.However,when people enjoy the convenient and efficient life service brought by it,various problems and risks become increasingly prominent.Especially in recent years,the phenomenon of improper collection,use and disclosure of personal information in commercial use is very serious,which has caused significant hidden dangers to people’s privacy security,property security and even life security.However,the current legislation on the protection of personal information in China is scattered and abstract,which is not conducive to solving the legal problems in the commercial use of personal information.Based on this,it is of great practical significance to study the legal issues in the commercial use of personal information.This paper takes the era of big data as the background and entry point,which mainly includes the following six parts:The first part is the introduction,which mainly introduces the research background and significance of legal issues in the commercial use of personal information in the era of big data,the research status of domestic and foreign scholars on relevant issues,and some methods used in the research process of this paper.The second part is an overview of the commercial use of personal information,mainly introducing the basic characteristics of big data and its social utility,the concept,characteristics and boundaries of personal information and related concepts,as well as thecharacteristics and significance of the commercial use of personal information.The third part discusses the legitimacy and necessity of commercial use of personal information.The legitimacy of commercial use of personal information is analyzed and demonstrated from three aspects: the instrumentality,sociality and publicity of personal information,while the necessity of commercial use of personal information is analyzed and demonstrated from the needs of the subject of personal information,the subject of information control and the subject of technological innovation.The fourth part describes the current situation and characteristics of the commercial use of personal information in China.From the three forms of improper collection,improper use and improper disclosure,this paper analyzes and summarizes the characteristics of personal information in the commercial use of personal information subject’s personal information disclosure and control are seriously affected.The fifth part sorts out and analyzes the legal problems existing in the commercial use of personal information in China.It points out that the scope and boundary of personal information are not clear,the property of rights is controversial,and the ownership of rights is not clear.The sixth part puts forward some regulations on the existing legal problems in the commercial use of personal information in China.Firstly,personal information is divided into sensitive personal information and general personal information,the protection scope of personal information is clear,and the controversial sensitive personal information is judged and defined by the scene theory.The second is to determine the dual attributes of personal information personality right and property right to meet the development and demand of data industry management activities.Thirdly,according to the development and utilization of personal information by the information control subject,the rights of the personal information subject and the information control subject to the personal information are clarified from the three levels of personal information,primary network data and derivative data products.Fourthly,on the basis of full transparency of the process of personal information utilization,the risk management mechanism of personal information utilization is constructed from three aspects: security guarantee measures,risk assessment and disclosure report system.Fifth,the inverted rule of the burden of proof of personal information should be established to balancethe burden of proof of both parties and reduce the difficulty of the subject of personal information in the process of judicial relief.