A Research On Personal Information Protection In The Big Data Era

With the development of the Internet as a popular digital communication mechanism,we have powerful new ways to acquire and share this new knowledge.Gone are the days when scientific experiments were carefully planned before data collection.The era of big data allows the creation,recording,and analysis of massive amounts of information beyond the reach of manpower.When the revolutionary data transmission technology is born,it will inevitably have a great impact on the collection,storage and use of information in the traditional paper media era.The high-frequency infringement of personal information abuse,disclosure,circulation,etc.,has also set higher standards for the privacy protection of personal information.Constructing a set of legal mechanisms that are in line with the development of the times,conform to the national conditions of the country,and adhere to public and private jurisdictions,is of the times.The cry is also a realistic need.There have been countless cases of infringement of personal information in our country.The traditional legal system has sought asylum through concepts such as the right to privacy and personality,and it has been defeated by reality.And the right to personal information is not the same as the right to privacy.The related theories have more or less maintained incurable diseases.Extraterritorial legislation and justice are at the forefront of China.Based on a full study of foreign practical experience,a set of The theory and practice of personal information right law can withstand the test.Adhering to good law is the most important tool for governing the country.It conforms to the background of the era of big data,makes the value of information shining,and the confidence of rights is guaranteed.With the development of the Internet as a popular digital communication mechanism,we have powerful new methods to acquire and share this new knowledge.The days when scientific experiments are carefully planned before data collection are gone.The era of big data allows the creation,recording,and analysis of mass information beyond human reach.When the revolutionary data transmission technology is born,it will inevitably have a great impact on the collection,storage,and use of information in the traditional paper media era.High-frequency personal information abuse,disclosure,circulation and other infringement issues have also raised higher standards for the privacy protection of personal information,and it is the era to construct a legal mechanism thatconforms to the development of the times,suits the national conditions of the country,and binds public and private jurisdictions.The voice is also a realistic demand.There have been countless cases of infringement of personal information in our country.The traditional legal system has sought refuge through concepts such as privacy and personality rights,but it has already been defeated by reality.Moreover,the right to personal information and the right to privacy are not equal.The relevant theoretical theories have more or less maintained the incurable diseases.The legislation and judiciary outside the territory are at the forefront of our country.Based on full study of foreign practical experience,we design a set of The personal information right law that can withstand the test of theory and practice,insists that good law is the key to governing the country,conforms to the background of the era of big data,makes the value of information shine,and the confidence of the protection of rights is 100 times.This article is divided into four parts:The first part addresses the predicament of protecting personal information in the era of big data.First,it focuses on the theoretical distinction between the right to personal information and the right to privacy,analyzes the relationship and differences between the two,and demonstrates that it is not possible to include personal information only in the protection of privacy.The unique ownership of the right to information,the current personal information doctrine adopts the dual attributes of personality right and property right to better meet the needs of practice,to avoid the confusion of the concepts of personality right,property right,and privacy,and qualitative understanding.The monotheistic theory that takes into account the concept of privacy is analyzed one by one,and the pros and cons of the five doctrines of undisturbed rights theory,limited access to self theory,secret theory,secret relationship theory,and information control theory are discussed.It cannot meet the actual needs of public-private integration in the era of big data.The second part discusses the current situation of personal information protection.First,it analyzes the current state of legislation of the state and supranational organizations.Germany’s "personal data"-based protection emphasizes the clear distinction between personal information and the right to privacy.Information self-determination Rights become the inferior concept of the protection of personality rights;the United States adopts a combination of decentralized legislation and industry self-discipline to flexibly expand the scope of privacy rights to respond to real changes;the latest General Data Protection Regulation issued by the European Union addresses basic principles,rights,obligations andresponsibilities.Relief has been clearly refined and improved;the Economic Cooperation Organization is committed to ensuring the security of data across the eight basic principles.The legislation and judiciary in China are sorted out.The legislation is mainly summarized according to the time and main points of the promulgation of relevant legal documents in China.The judiciary has taken the analysis of typical cases and adjudication documents,and concluded that the legislative lag and the dilemma of judicial citation and proof are summarized below.Find the root cause.In the third part,through searching and reading a large number of domestic and foreign documents,paying attention to the widespread infringements in life,I found that the "information-consent" framework has been vacant for a long time;the tracking agreement has lost its original design intention,and should be used as an anonymity and obfuscation technology to protect against infringement barriers.It is easily cracked;accurate forms of advertising prediction and discrimination are severe and ubiquitous;improper management of public power databases and monitoring cannot be underestimated.Therefore,they will be discussed separately,and the root cause of the problem will be explored in depth,and the contradictions that are difficult to solve will be discovered.The fourth part puts forward specific suggestions for the improvement of personal information protection in the era of big data,emphasizing the return of the information subject’s control of personal information,clarifying the value pursuit of reform is to realize mutual benefit and mutual benefit,introduce the concept of trust,and redefine personal identity,This concept is very important;explore the disassembly of the "information-consent" framework into two parts,to avoid the current situation that has essentially become a piece of paper and repeat the same mistakes;due process provides stronger remedies for resolving predicted discrimination and government disqualification management;The internal improvement of public power can better avoid database leaks.The supporting laws of public safety video image information system management can cope with the risks brought by the failure of comprehensive monitoring,taking into account the information market opportunities in the era of big data and the construction of a socialist legal system with Chinese characteristics,Go hand in hand,mutual benefit and benefit.