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

With the rapid popularization of the Internet,computer time was come,and the mobile Internet,Internet of things,such as cloud computing technology popularization,the information is massive collected use,humanity is an ocean of data through,and the rapid growth of data entered the era of big data,allow a human being,large data itself reflects the characteristics of large,fast processing speed,people are enjoying the convenience of data at the same time,also facing the huge risk of information and privacy is being violated.Such as violating the legitimate rights and interests of privacy owners.Compared with the traditional privacy right,the privacy right in the era of big data has different characteristics.For the era of big data,it is particularly important and urgent to ensure the circulation and utilization of information and to protect personal privacy.At present,the protection of privacy in the era of big data is faced with many problems,such as the unclear relationship between privacy and personal information,the lack of systematic improvement of legislation and other problems,and the traditional privacy protection has been unable to adapt to the development requirements of the current era.Especially in the judicial practice,privacy and personal information is sometimes difficult to distinguish,often leads to the final court make different decision,this is mainly because the scope of privacy definition is not clear,the other in the process of privacy infringement,because the virtual sex and anonymity of the Internet and the complexity of the operation,for illegal behavior is difficult to determine,injury consequence is more spiritual,so it is hard to prove,so that tend to split for privacy.And in terms of the burden of proof,since Internet software and data is the main carrier of era of big data privacy infringement evidenceexists,but these data very easily been tampered with or not to be,so the victim in the judicial practice has certain difficulty in evidence collection,its often because of proof cannot bear the risk of losing.However,China does not have a clear provision on the burden of proof of privacy right,so it can only be handled according to the burden of proof of general tort,that is,according to the principle of fault liability.However,under the background of the era of big data,the principle of “ who claims who proves ” undoubtedly increases the burden of individuals.In judicial practice,the victim often bears the risk of losing the lawsuit because the proof is not available.This is clearly not conducive to the protection of privacy.The three typical cases listed in this paper reflect the problems mentioned above.Therefore,this paper will carry out legal theory research on the focus problems induced by typical cases.The article will be divided into the following four parts.The first part,introduction.In the introduction,it states that the research of this paper is based on the background of the rapid development of big data,summarizes the domestic research status,and briefly describes the significance and methods of the research,as well as the innovation and shortcomings of the research.The second part,the brief of the case.At the beginning of the article,it starts with three typical cases,listing the subject involved in the case,the facts of the case,the focus of the dispute and the court ’ s judicial thinking and judgment results.Then summed up the common dispute focus of the case.The third part is the legal analysis of the focal point.This part is mainly on the three cases in this paper sum up the focus of the three problems are analysed,through the demonstration of privacy and personal information relationship as much as possible to clear the scope of the era of big data privacy standards of privacy infringement and subject of right of privacy in the privacy rights disputes whether it shall be liable for fault liability principle problems are studied respectively.The fourth part,the conclusion of case study and legislative and judicial enlightenment.Based on the above jurisprudential analysis,this paper draws a conclusion on how to protect the right of privacy in the era of big data.At the same time,it puts forward some enlightenment on the deficiencies of the current privacyprotection in the legislative and judicial aspects.