Research On The Legal Protection Of Privacy In The Era Of Big Data

The interest of privacy lies in the protection of human dignity and the value of freedom.The right to privacy is to prevent others from intruding into their private lives.With the development of society,the content of privacy rights has been constantly expanding,from the original right to be alone to the current life secrets and peace of life,from the traditional privacy rights emphasizing passive defense to the privacy rights in the era of big data with distinct active utilization characteristics.Privacy in the era of big data is an important form of the development of privacy in the new era.Compared with the traditional privacy right in the era of big data,privacy right has the characteristics of property attribute enhancement,object scope expansion,protection difficulty enhancement and privacy infringement concealment.Due to the late start of the research on privacy right in Our country,there is a lack of a law of privacy right in the legislation,which is in a state of decentralization and insufficiency.The judicial application of the first instance procedure accounts for a large proportion,and there are more cases of privacy right disputes in economically developed areas.In the era of big data,privacy infringements are hard to detect,and even if detected,the consequences of damage are often unavoidable.In addition,due to the immaturity of privacy protection technology and the lack of awareness of privacy protection,privacy infringements emerge one after another.Overall,the problems of privacy security are mainly reflected in the improper flow and use of personal privacy data.This is mainly because after the economic value of data becomes prominent,the degree of privacy digitization and commercialization becomes increasingly high,and enterprises focus on collection,storage and utilization rather than protection.Although government departments and institutions undertake the obligation to protect citizens’ privacy,they also act as the dual identity of collecting,storing and utilizing citizens’ privacy data,and should also be added as the subject of infringement.Therefore,the legal protection of privacy in the era of big data in China should follow the principles of legality,justification,necessity and security,informed consent,deletion and public interest.In the era of big data,the rapid development of network and information technology has brought unprecedented opportunities and challenges to human society.While enjoying the convenience and comfort of life brought by technological progress,people have to face the privacy leakage problem after the explosion of data.Therefore,the focus of privacy law protection in the era of big data should be the autonomous control of personal privacy data.In this paper,the reference to the United States,the European Union,Japan’s breakthrough in the civil law protection scope and classification of privacy protection based on experience,put forward legislation to establish classification grade special legislation to protect,to determine the personality rights and property rights the dual protection of the right of claim and the sentence cohesion,establish direct advice of criminal law protection,judicial add infringement of governments,public institutions as main body,between natural persons and enterprises infringement applicable onus probandi inversion,comprehensive assessment of injury consequence,the introduction of public interest litigation suggestion,proposed from two dimensions of legislative and judicial Suggestions to privacy protected by the laws of the era of big data system,It aims to strike a balance between the development and utilization of data and the protection of personal privacy,so as to promote the healthy and benign development of the big data industry.