Legislation Countermeasures Of Personal Information Protection In Big Data Collection And Use

The rapid progress of big data technology in the intelligent era has brought about rapid changes in human society.In the age of big data,the collection and use of personal information is important.Personal information not only embodies the interests of personality rights,but also embodies the interests of property rights.As an important factor of production,the use of it facilitates production and life,but just like a coin has positive and negative,people are enjoying the convenience of at the same time also inevitably suffered due to the acquisition of the use of personal information security threats brought by the illegal behavior.Personal information is violated in an endless stream,and the security of personal information cannot be guaranteed,which will make people highly cautious about their personal information,which will inevitably affect the circulation of it,so much so that it can not satisfy the need for personal information.This paper analyzes how to protect the security of personal information in the era of big data.The structure of this paper is as follows:Firstly,the introduction introduces the reason and significance of the topic selection of the thesis.By sorting out the domestic and foreign research results on this topic,this paper discusses the domestic and foreign research status on the big data collection and the use of personal information protection legislation countermeasures.Secondly,the first chapter introduces the risks encountered by personal information in the process of big data collection and use,respectively introducing the risks in the collection and use.The risks in collection are introduced in this paper.The risks of unauthorized collection and excessive collection are introduced.The risks in use are mainly introduced in two situations:super-purpose use and third party use.Thirdly,the second chapter analyzes the reasons for the risks encountered by personal information in the collection and use of big data.Through the lack of legal protection,the failure of the traditional personal information protection principle in the era of big data,and the low degree of industry self-discipline,this paper analyzes the reasons for the risks encountered.One of the reasons for the inadequacy of legal protection is analyzed from three perspectives:the inadequacy of legislation,the inadequacy of tort relief and the inadequacy of law enforcement supervision.The second reason is that the failure of the traditional personal information protection principle in the era of big data is explained from the failure of the informed consent principle and the failure of the purpose limitation principle.The third reason is the low degree of self-discipline in the industry.It is analyzed by discussing the embodiment of low degree of self-discipline.Fourthly,the third chapter discusses the objective of legal value.The legal protection should have both the protection of personality interests and the property interests.The legislative protection of personal information should accord with the value goals of protecting the rights of the information subject,promoting the development of the information industry and maintaining national security.Finally,the fourth chapter puts forward suggestions on how to protect the big data collection and the use of personal information legislatively.From four aspects of speeding up legislation,perfecting the remedy of tort,improving supervision and strengthening industry self-discipline,all in all,this paper puts forward legislative suggestions on the protection of personal information in the era of big data.