Legal Regulation Of Personal Data Infringement In The Era Of Big Data

With the rapid development of big data information technology and the popularization of artificial intelligence terminals,people are more and more accustomed to sharing their hobbies and daily records on social networks,but this has also led to increasingly serious privacy leaks.Over the industrial age and the early information age,we have successfully entered the post-information society-also known as the data age.With the generation of hundreds of millions of personal data every day,it is not just our personal privacy that is exposed to cyberspace,our basic biological information generated,valueless scattered data,behavioral data(consumption records,geographic location,Communication records,etc.)are constantly being reused,and these actions are often controlled by those who control the data,and we are not aware of this.Our data information is consumed without a lower limit,and as individuals we are often powerless.Even more frightening is that these highly mobile data are also maliciously used by criminals,which brings unpredictable risks to our daily lives.In order to regulate these data manipulation violations,China promulgated the "Network Security Law" in 2016,and then began to compile the "Personal Information Protection Law Draft." Although there is currently no special law to regulate personal data,but China’s The Internet legal governance system is gradually taking shape.The first part of the article is mainly about what is big data,from big data to the definition of personal data,the author analyzes the difference between personal data and personal information title in detail,summarizes the characteristics of personal data,and derives personal from the characteristics The attributes of data rights.The second part mainly summarizes the nature of personal data rights.The author has combed the views of scholars in recent years in detail,and by summing up personal data infringement behaviors,innovatively simulated the classification map of personal data infringement behaviors.The third part is mainly to sort out the extra-territorial legal regulations in the era of big data,compare the different big data regulation models in Europe and America,and analyze the advantages and disadvantages to provide a reference for my country’s legislative direction.The fourth part is mainly combined with the specific situation of our country,so as to derive the most suitable tort regulation mode in my country.The author put forward personal ideas in the specific regulatory path,and finally made some prospects for the data infringement regulatory scheme.In general,this article is mainly based on the era of big data,systematically sorted out the personal data infringement issues we are facing now,through summarizing various personal data related literatures and books,using the chart method,comparison Research methods such as the analysis method have discussed and analyzed various problems currently faced by personal data,and made a theoretical idea of big data infringement from the perspective of tort liability law.