Research On Perfecting The Legal System Of Personal Information Collection In The Big Data Era

In the era of big data,personal information has become an important social resource and the target of personal information self-determination.The collection of personal information is not only related to the personal rights and interests of the information subject,but also related to the commercial interests of the information industry,and even more related to the public interests of the society.In order to give full play to the value of information resources,it is necessary to uphold the value concept of paying equal attention to the interests of personal information,the interests of commercial entities and the public interests of the society,and to achieve a balance between the protection of personal information and the rational use of it.At this stage,the legal system for personal information collection is flawed.Personal information collection rules with informed consent as the core are not very operability,consent rules are mere formalities,necessary rules are difficult to control,notification rules are too low,illegal collection behaviors occur frequently,and personal information security risks emerge endlessly;In the binary information collection model with commercial entities as the division standard,the boundaries of rights are not very clear,the appearance of the rights of commercial entities is ambiguous,the boundary of the object of sensitive information is not clear,and the relationship between the rights and obligations of the collecting parties is confused;in addition,the legality The basis and exemption reasons are not comprehensive enough,and the legal basis with informed consent as the core is relatively simple,which does not meet the actual needs of balancing the interests of the three parties.The exemption reasons ignore the interests of commercial entities and obscure the public interest,which has a negative effect on the protection of personal information rights and interests.These problems are real problems caused by the mismatch between the practice of information rule of law and technological development in the era of big data,and they are also important problems that cannot be avoided in the field of personal information protection.There are three main reasons for the above-mentioned shortcomings: in the legislative concept,the protection of personal information rights and interests is the first,which is contrary to the value concept of balancing the interests of the tripartite;in the legislative system,the whole is fragmented and the "Personal Information Protection Law" has not yet come out.Important content is left blank;in terms of legislative technology,sensitive information and public interests are difficult to define,and information technology ethics lacks a localized cultivation process.The imbalance of legal concepts,the unscientific legal system and the immaturity of legal technology aggravate the weak position of information subjects,causing their legal rights to encounter technological resistance in disorderly competition.To get rid of the many defects in the legal system of personal information collection and to achieve effective protection of the rights and interests of personal information,two steps should be taken.First,at the macro level,change the legal concept,improve the legal system,and improve the legal technology,get rid of the monism of personal information rights,uphold the value orientation of tripartite interest balance,integrate the current legal norms and enhance their internal logic,promote special legislation and complement the system Deficiency,setting the scope of reference for sensitive information and public interests,guiding the cultivation of localized information technology ethics and integrating into the spirit of law;secondly,at the micro level,it proposes specific solutions to specific problems,improves the judgment standards of effective consent,and implements collection Necessity review and strict notification obligation for personal information collection.Through the approval system,the appearance of the rights of commercial collectors is clarified,the personal dignity distance standard is introduced to assist in judging the objects of personal information collection,and the relationship between the rights and obligations of the collectors is reorganized.The basis of legality and exemption are related to the value orientation of the law.Under the actual circumstances that the "Personal Information Protection Law" has not yet been promulgated,it is necessary to expand it and examine the connotation of public interest by referring to the standards of suddenness,necessity and rationality.